John Smith Co. v. Hardin

— Appellant, as plaintiff, instituted this action to foreclose a chattel mortgage, duly filed for record, covering farming equipment and a crop grown in the year 1920. Respondent Kerr-Gifford Company was made a party upon the theory that it had obtained possession of the wheat covered by the mortgage. From a decree denying relief as against Kerr-Gifford Company, the plaintiff has appealed.

*426The question here is whether respondent Kerr-Gifford Company can be held accountable for the mortgaged crop which it received, and, as we view it, is a question of' fact only.

It appears that John Smith, as…