Brown v. Monticello State Bank of Monticello

I concur in the majority opinion affirming on the appeal but would reverse on the cross appeal. After the conservatorship was opened cattle which had belonged to Brady were sold and the proceeds were deposited in the conservatorship account.. Eventually the proceeds became the property of the plaintiffs.

Ralph Brown’s claim to the cattle was based on a bill of sale from Brady. Although the jury was entitled to find it valid, I cannot believe under the circumstances here the bank should be held liable for converting the cattle. Thomas B. Brown, the other plaintiff, testified as follows:

Q. He…