Greene

The appeal is from a judgment in favor of defendant in an action brought to recover the value of a certain automobile alleged to have been converted by defendant to his own use and on which appellant had a chattel mortgage to secure the payment of a promissory note for two hundred and fifty dollars with interest at the rate of five per cent per month. This note and mortgage were executed by one Sidney A. Root while he had possession of said machine. Issue was joined on the question of Root’s ownership and respondent’s right to convert the machine to his own use. The court found that Root was not the owner of the automobile at the time of the execution of the mortgage nor at any other time, but that he was in possession thereof under an executory contract of sale,, conditioned on the payment to D. W. Carmichael, the respondent herein, of the sum of fourteen hundred dollars, on which payment Root was to become the owner, and not otherwise, and that “no part of said fourteen hundred dollars has ever been paid to said defendant.” The conclusion was that defendant had the full right to take and dispose of the property, and this presents the real question involved on the appeal.

There…