Alferitz v. Perkins

Citations

• 122 Cal. 391
• 55 P. 149
• 1898 Cal. LEXIS 595

Syllabus

<p>Chattel Mortgage upon Sheep—Substitution of Ewes—Commingling— Attachment and Sale.—Where the holder of a chattel mortgage upon sheep consented to a substitution of a portion of the mortgaged number of wethers by exchange with a third party for an equal number of ewes, and the exchanged sheep were not taken into possession under the mortgage by the mortgagee, and lambs were borne by the ewes, and the whole were so confused and commingled that it was impossible to separate and identify the mortgaged from the unmortgaged sheep, an attachment and sale of a number of the ewes and lambs will not make the officer liable to the chattel mortgagee for conversion thereof.</p> <p>Id.—Equitable Eight to Substituted Sheep and Offspbing.—The equitable right of the mortgagee to the substituted sheep and their offspring, before possession taken thereof under the mortgage, cannot affect the right of another creditor to attach the number of ewes substituted and their offspring, there being nothing to distinguish them from those originally mortgaged. .</p>