53 Iowa 555 | Iowa | 1880
The appellee, however, contends that the title to the grain deposited by plaintiff passed to the defendants before any withdrawal by any one, and by reason of its being mixed by the defendants with other grain. This would certainly not be so if the grain was mixed by the consent of the depositors. Such was the express ruling upon the former appeal. 44 Iowa, 457. It is claimed, however, that such consent does not now appear. Whether the rule would be different in the absence of such consent we need not determine. The plain
JtteVERSED.