"Axtell, 9/14/1920.
"Weighed for R. C. Carwile, of _____, Texas, one bale of cotton, consigned to _____, of _____, Texas. Charges, _____. Bonded gin No. 1757; gin bale No. 225; gin weight, 560; weigher's No. O; weigher's weight, 556; condition, O. K."
These certificates were dated from some time in August to some time in October. The certificates were deposited by Carwile with appellant First State Bank of Mt. Calm. About the 14th of December, 1920, the cashier of the bank, at the request of Carwile, sold the cotton to appellant W. J. Jarvis. The money was deposited in the bank to the credit of Carwile, and drawn out by him, three-fourths of it upon a check in favor of appellant bank, and one-fourth in favor of another bank.
Appellees brought suit against the tenant Carwile to recover the amount of rent due, and also against the First State Bank of Mt. Calm and W. J. Jarvis, for conversion of the cotton. Judgment was rendered in favor of appellees for $576.93 against Carwile for rent, and the same amount against the bank and Jarvis for conversion.
`The landlord's lien on cotton or other farm products, shall continue so long as the same are on storage in any warehouse, whether the same be a warehouse operated under this act, or a private warehouse, provided a negotiable receipt has not been issued therefor."
We do not think the receipt issued by the weigher is a negotiable receipt; but also we do not think that the cotton yard was a wares house within the meaning of said statute. In the absence of a statutory definition, a warehouse must be construed to be a house of some character. Words and Phrases, vol. 8, pp. 7389, 7390. Open public school grounds are not a house. The landlord's lien did not exist after the expiration of 30 days from the time the cotton was deposited in the weigher's cotton yard.
Carwile did not appeal; and hence the judgment as to him will be affirmed.
For the reasons stated, the judgment will be reversed as to the appellants First State Bank of Mt. Calm and W. J. Jarvis, and here rendered in their favor so that as to them the appellees take nothing.
Affirmed in part, and in part reversed and rendered. *Page 523