Foster

The appellant, plaintiff below, brought an action against Emma G. Foster to recover damages for an alleged conversion of ten *33 head of cattle. The complaint alleged that Harvey Hopper and Mabel Hopper, his wife, as mortgagors, had executed and delivered to the plaintiff, as mortgagee, on April 29, 1938, a chattel mortgage covering crops, certain described farming equipment, and certain described livestock, located on premises occupied by the Hoppers, also described; that the livestock described included ten head of cattle, named and identified; that the debt secured by the chattel mortgage was in default; that the defendant, on or about May 24, 1938, took possession of said ten head of cattle and refused to surrender and deliver the same to the plaintiff. The mortgage, made a part of the complaint by reference, was acknowledged and recorded in the county of the state of California wherein the premises were situated, and subjects of the mortgage were located. The answer specifically denied unlawful conversion, admitted refusal to surrender the cattle to plaintiff, denied that the Hoppers were the owners of the cattle or entitled to the possession thereof; and denied all other…