9 S.W.2d 1044 | Tex. App. | 1928
Appellee, Clinton Grocery Company, a partnership, sued Moody Griffin to recover on a promissory note and to foreclose a chattel mortgage on six bales of cotton. Appellees alleged that John Smajstrala and appellant, Lawrence Westbrook, had each converted separate portions of said cotton, made them parties to the suit, and sought judgment against them for the value of the respective portions thereof so converted. Moody Griffin rented 30 acres of land from W. T. Thompson and planted the same in cotton. He agreed to pay Thompson one-fourth of said crop as rent. Thompson advanced to him $135 to enable him to make said crop. On February 17, 1927, Griffin, to secure his note to appellees in the sum of $760.06, executed a mortgage on the entire crop of cotton to be raised on the rented premises. Said mortgage was duly filed and registered in the office of the county clerk as provided by law. Three bales of the cotton raised on said rented premises were sold to appellant, Westbrook, by Griffin for the sum of $361, which was conceded to be the market value of the same at the time. The remainder of said crop was sold to the said Smajstrala.
The case was tried to the court, and resulted in a judgment in favor of appellees against Moody Griffin for the sum of $699.66, and against appellant, Westbrook, for $176.47, and said Smajstrala for $75.63, respectively, as converters of separate portions of said crop of cotton. This appeal is prosecuted by said Westbrook alone.
The other issues raised by appellant are principally questions of fact. The finding of the court in favor of appellees being general, every issuable fact must be considered found in their favor if there is any evidence to support such a finding. Hines v. Kansas City Life Ins. Co. (Tex.Civ.App.)