Dinneen v. Farmers' Co-Operative Elevator Co.

MISER, C.

This is an action for conversion, to recover corn, or its value, claimed by plaintiff under a chattel mortgage thereon filed September 28, 1923. The appellant, Farmers’ Co-operative Elevator Company, defended on the ground that the same com was covered by a prior chattel mortgage to the First State Bank of Cavour, hereafter referred to as “the bank,” said mortgage being dated April 9, 1923, and filed April 10, 1923. The description of the property mortgaged in the bank’s mortgage is as follows :

“Also my undivided two-thirds interest in all the crops of every kind, including grass,…