Cameron v. Carson

BOYCE, j.

This suit -was brought by C. W. Carson, Jr., against I. E. Cameron, for conversion of 531 bushels of wheat. The appeal is from a judgment rendered for plaintiff on verdict returned on peremptory instructions from the court.-

Both parties claim right to the wheat under mortgages executed by T. L. & Frank Hobbs. Plaintiff’s mortgages are prior in point of time, but appellant contends that the peremptory instruction should not have been given for three reasons: (1) The evidence is sufficient to raise an issue of fact as to whether plaintiff’s mortgages covered the wheat in controversy;…