Lawson v. First Nat. Bank of Rotan

FOLLEY, Justice.

This suit was filed by the appellee, First National Bank of Rotan, Texas, against the Lubbock Auction & Commission Company, a partnership composed of H. G. Lawson and three others, for the alleged conversion of 45 head of cattle purchased by the commission company from J. D. Windham on August 15, 1939, at Lubbock, Texas. The appellee bank alleged it held a mortgage upon such cattle executed by Windham. The commission company made Windham a cross-defendant, specifically denied the conversion and alleged that the bank had waived its mortgage and further pleaded, estoppel as…