Oakes

Some years prior to this proceeding, W. S. Skinner and his wife executed a deed of trust mortgaging certain real and personal property situate in Malheur county, Or. The personal property thereunder included a band of cattle numbering 141 head and bearing a certain brand, and is the property here in controversy. Default was made by the mortgagors and the property was turned over to the trustee under the deed of trust in a foreclosure suit. At the same time, March 17, 1931, appellant was appointed receiver of the property by an order of the state eourt of Oregon in which the foreclosure proceedings-were had. The order appointing the receiver recites that he is “authorized, empowered, and directed to take immediate possession of all arid singular the property, both real and personal described in or subject to the said mortgage or deed of trust.” The cattle were left on the ranch of the Skinners, the defaulting mortgagors, and were run with other cattle there. It is claimed that the cattle were in the charge of an agent of the receiver on the Skinner ranch. However this may be, in June, 1931, without the knowledge or consent *729 of the receiver, the cattle crossed over the boundary…