The Montgomery advertiser., 1906-11-11

verted to his own use cotton raised by third person who had given plaintiff mortgage on such cotton. sunfficientIy shows plaintiff's lien and defendants wrongful taking of the lien property. 2. Same; Interest of plaintIff: plead ing-Where the complaint alleges that tplaintin had a lien on the cotton con verted, by virtue of mortgage exe- i cuted to, him by a third person, who raised the cotton so converted; that the mortgage was recorded in a certain book. in the probate on1ce. on e cer- tain date. in the county where the de- fendant took the cotton sufficiently shows plaintiffs lien and its destrue- tion by defendant.
 3. Fraud; pleading-The facts con- stituting the fraud must be stated, and general averment of fraud is insufi- cienI
 {. chattel mortgages; conversion; defense of prior lien; pleadings.--A plea setting up as a defense that the property converted was taken by de- fendant by virtue of a mortgage exc cuted to defendant by the owner of the property. is subpect to demurrer for not stating facts to show that such mortgage constituted a prior lien. or superior title to the one relied on by plainiff
 5. Same: release of propertyi plead inEs-A plea to an action for destroy ing the mortgage lien of plaintiff which ayers that when the mortgage was executed to plaintiff it was agreed betwen plaintiff and his mortgagor that enough of the crop SO mortgaged should be disposed of by the mortgagor to enable him to procure supplies to make the crop and Shas any cotton defendant may have obtained from the mortgagor was to pay for supplies to in a hA f~x4 aE ~fe faxr defendant, and that such supplies were necessary to enable mortgagor to make ths crop. was not sufficient as no facts are stated showing a release by thp mortgagee of the particular cotton af- legged to have been converted tn ac~ ccrdance with the agreement
 6. Same; interest of plaintiff; evi- dence-The mortgage and secured notes were properly introduced as links in the chain of plaintiffs titles and as showing the, amounts due on them.
 z. Same; variance between mortgage and notes.-the fact that the wife's name did not appear on the notes. as was stated in the mortgage, created no such variance as would impair the mortgage as & security for the debts of the actual maker.
 8. Sames ownership of chattels; evil dence-The ownership of the land on which the cotton was grown by the mortgagor, when there Is nothing shown to the contrary. Is sufficiently proven by the mortgage, dated 1902. being given on the crop of 1908, and evidence of plaintiff that the mortgagee lived in 1908 on the land sold him by plaintiff.
 9. Action; trover and case; waiver of tort--The owner of the lien does not waive his right to sue in trover or case for conversion or the destruction of his lien chattels to pay him the amount realized therefrom.
 10. Trover and case; damages evil dence--The fact that three bales of cot- ton wer econverted by defendant, to- gether with proof of the value of cot+ ton per pound Is sufficient to authorize verdict for more than nominal dam ages, without proof of the weight of each bale
 sRehearing denied June 30, 1906.
 Appeal from Tallapoosa Circuit Court.
 Heard before Hon. S. L. Brewer.
 Affirmed-Opinion by Weakley. C. J. Tyson, Simpson and Anderson. JJ., concur,