Oliver

This is an appeal by defendant from a judgment in favor of plaintiff in a suit for the conversion of 51,426.3 feet of 8-inch pipe and 500 thread protectors brought by A. J. Oliver, as trustee in bankruptcy for the partnership consisting of H. L. Emerson and R. K. Howk. The trial of the action took place before the court sitting without a jury, and resulted in findings of fact that the defendant had converted 46,333 feet of this pipe and the 500 thread protectors; that the value of the pipe was found to be #33,598.96, and that the value of the thread protectors $60. Judgment was entered accordingly.

For some time prior to February 11, 1920, the Midland Counties Public Service Corporation had been the owner of a certain pipe-line extending from the oil fields in Santa Barbara County to the plant of the Union Oil Company at Avila in San Luis Obispo County. This pipe-line was known as the Graciosa pipe-line. It in turn connected with a 4-inch pipe-line leading to the plant of the Midland Counties Public Service Corporation in the city of San Luis Obispo.

The Graciosa pipe-line had been laid in 1906 over rights of way granted to one Adolph Phillips and was .originally used to…