Brown Bros. Lumber Co. v. Mitchell

This is an action for damages for the conversion of an undivided one-half interest in 160 tons of hay. By agreement the cause was tried to the court without a jury, resulting in judgment for the plaintiff. Defendant has appealed from the judgment. The principal question presented is that of the sufficiency of the evidence to justify the decision.

The salient facts are these: Defendant owns land in Broad-water county which he leased on May 12, 1928, to William G. Franklin for the term ending on March 1, 1929. By the terms of the lease one-half of the proceeds of the farm were to be paid to…