Interstate Cattle Loan Co. v. Warren

The opinion of the court was delivered by

Hopxins, J.:

The action was one of replevin by a mortgagee to recover certain cattle held under an agister’s lien. The defendant recovered and plaintiff appeals.

The controversy turns largely on whether a waiver of lien executed by the defendant in 1919 was effective in 1921 after the giving of successive notes and mortgages, and after the cattle had been taken from defendant’s pastures in Oklahoma, wintered in Texas, and later returned to defendant’s pastures in Oklahoma and Kansas.

The facts are substantially as follows: On March 28, 1919, Shults *22and…