Hillhouse

This is an action in conversion. The trial court gave judgment in favor of the plaintiff from which the defendant has taken this appeal.

The facts in this case are not in dispute. In February, 1951,. plaintiff sold a ranch to the defendant who then went into possession of it. The sale of the ranch did not include the selling or purchasing of any of the personal property on the premises. At the' time plaintiff turned over possession of the ranch there was left behind a sulphuring machine which is the subject matter of this lawsuit.

The defendant first discovered this sulphuring machine several months after taking possession of the ranch. He found it in an old barn surrounded by sweat boxes. The barn in which he found the machine was in a dilapidated condition, so in the fall of 1951 he moved it to a more sheltered place. ■ i

In 1952, the defendant repaired the machine and made an addition to it at a' cost of about $75. In. 1953, the defendant used the sulphuring' machine. for his own purposes in his farm work. His next and last use of the sulphuring machine was in 1956.

From the time defendant purchased the ranch in February, 1951, the defendant did not see the plaintiff…