Watson

On rehearing, which was granted for the reason that both parties petitioned for it, we have again carefully examined the entire record. We are persuaded that the original opinion of this court correctly determines the issues presented, and we therefore adopt that opinion in toto.

The appellant, Stanley E. Watson, strenuously contends that both the trial court and this court erred in determining that he did not acquire title to the entire savings account involved in this litigation by virtue of his sale of that account as a pledge under the provisions of section 3000 et seq. of the Civil Code. We are unable to support that theory of the appellant for the reason that this is a suit for conversion which the complaint and findings declare occurred on March 26, 1936, and which upon adequate evidence we have held to be true. The sale of the account as a pledge did not occur until three months later. The sale of the account as a pledge was made under the express terms of a written assignment of the account which was conditional and limited the title to that portion thereof which is sufficient to pay the note and accrued interest, the costs of sale and conn sel fees, specifically…