Benton v. DUVALL LIVESTOCK MARKETING, INC.

Carley, Presiding Judge.

Appellant-plaintiff brought this tort action, alleging that a number of his dairy cows had been converted when they had been auctioned by appellee-defendants. Appellees answered and, after discovery, moved for summary judgment. The trial court granted summary judgment in favor of appellees and appellant appeals.

1. The evidence, when construed most favorably for appellant, demonstrates the following: Appellant’s cows were, with his knowledge and consent, in the possession and control of one William Scott. Without appellant’s knowledge or consent, however, Scott took the…