A. H. Averill Machinery Co. v. Allbritton

Citations

• 51 Wash. 30
• 97 P. 1082
• 1908 Wash. LEXIS 958

Syllabus

<p>Chattel Mortgages — Filing—Notice. The filing of a chattel mortgage upon a traction engine with the county auditor and the indexing thereof, as required by Laws 1899, p. 157, § 2, is expressly made sufficient notice to all the world by § 3 of said act, and puts upon notice a subsequent lienor, without recording the same as in the case of real estate mortgages.</p> <p>Judgment — Bar—Dismissal Without Prejudice. The dismissal of an action to foreclose a chattel mortgage “without prejudice,” is not res judicata and does not bar a subsequent suit to foreclose the mortgage, although the former action was dismissed for want of sufficient evidence.</p> <p>Mechanics’ LieNs — Interest Lienable — Prior Mortgage — Priority. Under Bal. Code, § 5903, providing that a mechanics’ lien shall be preferred to any lien or mortgage -which attaches subsequently to the time of the commencement of the work, a mechanics’ lien for repairs on a traction engine is inferior to the lien of a prior chattel mortgage, duly filed and indexed so as to give constructive notice before the commencement of the repairs.</p> <p>Same — Foreclosure—Parties. A prior chattel mortgagee who was not made a party to the foreclosure of a mechanics’ lien on a traction engine is not affected by the judgment of foreclosure sale.</p>