Powers

Plaintiff had judgment in an action for the conversion of certain personal property alleged to be covered by a chattel mortgage in favor of the plaintiff and wrongfully converted by the defendant to his own use. From this judgment the defendant appeals.

During the month of February, 1922, by an instrument dated February 2, acknowledged February 17 and recorded February 18, 1922, one Joe S. Gonsalves purported to mortgage to the plaintiff certain personal property described in said instrument as follows: Sixty head of Holstein cows and increase, 60 tons hay, one Holstein bull, two horses, all situate on the ranch of Joe Gonsalves, located three miles northwest of Ripon, San Joaquin County, California.

The record shows that this instrument covered all the cows belonging to the mortgagor Gonsalves at that time. At a period some seventeen months later, to wit, on or about the sixth day of July, 1923, Gonsalves executed a chattel mortgage, purporting to cover certain described cattle, to the defendant in this action. The record shows that some time prior to the date of the execution of this mortgage the defendant Powers had sold a parcel of real estate to said Gonsalves. That on the…