Bennett

This is an action in conversion. The judgment went for the defendants and the plaintiff has appealed.

The plaintiff executed a writing in words and figures as follows, to wit:

As stated above, sixty-six acres were included in the agreements to sell mentioned above. Ninety-eight acres remained unsold. The plaintiff was indebted to the bank on unsecured promissory notes in the sum of $8,000. The entire property was covered by two mortgages. One mortgage was in favor of M. S. Netto, given to secure the payment of a promissory note for $14,500, dated April 7, 1919, payable five years after date with interest at 5 per cent per annum computed annually. The second mortgage was .given/' to secure the payment of a promissory note for $3,300, dated March 1, 1920, payable on or before four years after date with interest at 6 per cent per annum computed annually. There were also some small statutory liens incurred in campaigns to destroy squirrels. No sale of the ninety-eight acres having been made, the plaintiff executed another written instrument in words and figures as follows:

Soon after the second instrument was signed the defendant bank obtained a purchaser who made an initial…