Page:Federal Reporter, 1st Series, Volume 8.djvu/565

GREENLEAF V. COWS. 551 �" 'So. . �" LiTCHFiELD Elevatoe, Litcht-ield, Oct. 8, 1879. �" This is to certify that has surrendered elevator tickets for 2,000 �Dushels No. 2 wheat, free on track. ' �" 2.000 No. 2 wheat, for shipnient to . �"H. H. Hatieis, Owner." �Harris received in store from the several complainants a quantity of •wheat, aggregating 2,284 26-60 bushels, and issued therefor tickets in the iorm above given. He sold to respondents David Dows & Ce, or to their assignors, to be taken from said elevator, 18,440 50-100 bush- els, for which "surrender certificates" were issued in the form above given. �In Octbber, 1879, Harris absconded, leaving in the elevator 3,601 22-60 of bushels wheat only — not enough to satisfy the holders of the wheat tickets and the surrender certificates above described. �Eespondents David Dows & Go. brought an action of replevin to recover all the wheat remaining in the elevator; and having given bond to answer for the value of the same as required by statute, it was delivered to them and by them converted to their own use. Upon the hearing of the replevin suit the court held that in order to settle all the conflicting claims against the wheat it was necessary to bring a Mil in equity. See 1 McCrary, 434. This bill was accord- ingly filed. The prayer is that respondents David Dows & Co. be required to bring into court the cash value of the wheat, and this court will distribute the same according to equity among the several claimants. �It ia insisted by way of defence-^(l) That complainants have an adequate remedy at law, and therefore no right of action in equity; and (2) that the wheat tickets relied upon are not sufficient evidence of title to any part of the wheat in controversy. �Complainants insist that they hold the evidence of title recognized by the statute of Minnesota; that respondents have no title; and that the suit is properly brought by bill in equity. �The statute of Minnesota to be considered is an act entitled "An act to regulate the storage of grain," approved March 3, 1876. Gen. Laws of Minn. (8th Session,) 96. Section 1 of that act provides that whenever any grain shall be delivered for storage to any person, association, or corporation, such delivery shall in all things be deemed and treated as a bailment, and not as a sale of the property so delivered, notwithstanding such grain may be mingled bj' such bailee with the grain of other persons, or shipped, or removed from the warehouse, elevator, or other place where the same was stored. ��� �