Henriques

The plaintiff had judgment in an action brought to recover the possession of twenty-six head of cattle. From this judgment the defendant appeals.

As stated in respondent’s brief: “The only point involved in this appeal is whether a mortgagee in a chattel mortgage may take up cattle not prescribed or embraced in the chattel mortgage and belonging to a third party, and then recover for the expenses of taking up and caring for such cattle, when the third party notifies the mortgagee of his own ownership and makes oral demand for the same.”

It appears from the record that the appellant, as the holder of a chattel mortgage executed in its favor by one William Henriques, gathered up twenty-six head of cattle belonging to the plaintiff, which cattle were not described in the chattel mortgage; that these cattle were gathered up on the range where they were running and ranging, and not in the visible possession of anyone; that after the cattle were gathered up, the appellant proceeded to pasture the same, and also to feed the said cattle a quantity of hay. For the expense of gathering up the cattle, pasturing and feeding, the appellant filed a cross-complaint and sought to recover from…