Farmers & Merchants National Bank v. Gann

*238The opinion of the court was delivered by

Porter, J.:

This is an action for the conversion of a span of mules claimed under a chattel mortgage. The defendant is a stranger to the mortgage. The plaintiff recovered, and the defendant appeals.

The principal contention is that the petition is fatally defective, and the defendant sought to raise the objection by a demurrer to the petition, a motion for judgment on the statement of the case for the plaintiff, and an objection to the introduction of evidence. The petition is awkwardly drawn and contains no allegation that Phillips, the mortgagor, was…