One of the elements that the Cugninis must prove to prevail in their action for conversion is that they, rather than Reynolds, held title to the cattle immediately prior to the sale ordered by the district court. See Byron v. York Investment Co., 133 Colo. 418, 296 P.2d 742 (1956); Herbertson v. Cohen, 132 Colo. 231, 287 P.2d 47 (1956). Accordingly, we must determine whether title passed from the Cugninis as a result of their dealings with Russell and his subsequent transaction with Reynolds.
The condition imposed had no legal foundation and thus did not relieve. Deeb from the consequences of his wrongful taking. Schlittenhardt v. Bernasky, 147 Colo. 601, 364 P.2d 586; Herbertson v. Cohen, 132 Colo. 231, 287 P.2d 47. III.