198 S.W. 672 | Tex. App. | 1917
In view of the pleadings and facts found by the court, it is believed that the appellants' contention should be sustained, and that the S court erred in holding the defendants liable in conversion. The plaintiff Schultz pleaded in his petition that he had an existing chattel mortgage upon "the first four bales of cotton and cotton seed planted, grown, and *673 gathered by B. Harlan and wife on the farm of C. F. Gilstrap, or any other land cultivated by them during the year 1915, each bale of said cotton to weigh not less than five hundred pounds lint and be of good average grade of cotton," and further pleaded the conversion of the first four bales of cotton and cotton seed grown and gathered by B. Harlan and wife on the farm of C. F. Gilstrap in the year 1915. And the court finds as a fact that the mortgage given by Harlan to the plaintiff Schultz covered Harlan's one-half interest in —
"the first four bales of cotton and cotton seed planted, grown, and raised by Harlan and wife on the farm of C. F. Gilstrap in Robertson county, Texas, during the year 1915."
Thus it appears that the mortgage of the plaintiff specified the property upon which the lien is to take effect, as pleaded and proved, as "the first four bales of cotton and cotton seed" that was to be grown and gathered on the farm of Gilstrap in the year 1915. The description of the property intended to be mortgaged is sufficiently definite and specific and segregates it from the other part of the crop. Robertson v. Mauldin, Montague Co.,
There are no equities set out in the pleadings of the plaintiff entitling him to recover of appellants a judgment for the surplus money in the evidence arising from the sale of the last or second four bales of cotton and cotton seed in evidence.
The judgment, as against appellants, is reversed and here rendered in favor of the appellants. The costs of the trial court incurred by the appellants and the costs of this appeal are taxed against the appellee Schultz. The judgment of the trial court as to Harlan, not being appealed from, will remain undisturbed. *674