Hammels

This is an action to, recover damages for the conversion of personal property. Plaintiff had judgment for six hundred and sixty dollars, and the defendants appeal.

On November 22, 1904, one E. M. Coe made and delivered to plaintiff, in the county of San Diego, his promissory note for seventeen hundred and fifty dollars, and, as security therefor, executed and delivered to plaintiff a chattel mortgage upon forty-one head of dairy heifers and one hundred and sixty-nine head of hogs, then situated in said San Diego County. The mortgage was duly acknowledged and was accompanied by the affidavit of the parties, as required by section 2957 of the Civil Code. On December 2,1904, it was recorded in the office of the recorder of San Diego County. At all the times named, the mortgagor, E. M. Coe, resided in San Diego County, and the mortgaged property was in said county.

On January 4, 1905, Coe, without the knowledge or consent of the plaintiff, removed eighty-six head of hogs, a part of the mortgaged property, from the county of San Diego, and had them shipped to Los Angeles County. There, on the following day, the 5th of January, 1905, he sold and delivered said hogs to defendants, who…