Bowland v. McDowell

The opinion of the court was delivered by

Johnston, C. J.:

This was an action of replevin brought by D. M. Bowland to recover possession of 236V2 bushels of wheat grown by Harry Snow, a tenant on the farm of defendant, Art. McDowell. Bowland claimed the wheat by virtue of chattel mortgages given by Snow to the Citizens State Bank, which had duly assigned its claim and mortgages to Bowland. McDowell intervened, claiming the wheat under a landlord’s lien, and in the trial he prevailed. Bowland appeals.

The case was submitted upon agreed facts, the substance of which, is that in September, 1923, by…