Adlard v. Rodgers

Citations

• 105 Cal. 327
• 38 P. 889
• 1894 Cal. LEXIS 1158

Syllabus

<p>Chattel Mortgage—Want or Acknowledgment—Attachment—Possession.—A chattel mortgage which is defective in not being acknowledged or proved and certified, as provided in section 2957 of the Civil Code, is void as against an attaching creditor of the mortgagors, unless the mortgagee had reduced the property to possession prior to the attachment.</p> <p>Id.—Validity Between Parties.—A mortgage authorized by statute is good between the parties and those having notice, though it does not strictly conform to the statute.</p> <p>Id.—Possession or Mortgagee Prior to Attachment—Delivery or Key—Acts or Possession.—Where the mortgagee, under a chattel mortgage of machinery and articles used in a steam laundry, upon breach of the conditions of the mortgage, demanded possession of the property, and, upon receiving the key of the laundry, went to the premises, locked the door, and posted a notice on the building to the effect that he was in possession of the property therein contained, there was a sufficient delivery of possession to the mortgagee as against the attaching creditors.</p> <p>Id.—Symbolical Delivery—Trespass.—The delivery of ponderous articles may be symbolical; and, where goods are locked up, a delivery of the key is so far a delivery of the goods that it will support an action of trespass against subsequent purchasers or attaching creditors who take possession of them.</p> <p>Id.—Assignment ror Benefit or Creditors—Delivery by Assignee to Mortgagor—Attachment—Replevin.—The fact that the possession of the property included in the chattel mortgage had been delivered to an assignee for the benefit of the creditors, and that the key of the premises in which the mortgaged property was situated was delivered by such assignee, upon demand of the mortgagee, without authority of the creditors represented by the assignee, does not affect the possession secured by the mortgagee; and no question arises as to the rights of the creditors represented by the assignee, in an acti