Bank of Ukiah v. Gibson

Citations

• 5 Cal. Unrep. 11
• 39 P. 1069
• 1895 Cal. LEXIS 1198

Syllabus

<p>Chattel Mortgage bn Livestock—Record as Notice.—Civil Code, section 2955, provides for chattel mortgages on certain property; and section 2957 provides that the record of such mortgages shall be constructive notice, and that mortgages not recorded shall be void as against subsequent creditors and purchasers. Held, that the act of March 9, 1893, amending section 2955, so as to authorize mortgages on sheep and neat cattle, does not entitle a mortgage on such stock, executed before the passage of such act, to be recorded, so as to render its record, made after the passage of the act, constructive notice.</p> <p>Chattel Mortgage on Livestock—Validity,—A Chattel Mortgage on property other than that authorized to be mortgaged by the Civil Code, section 2955, is as a common-law mortgage, valid against all persons except subsequent creditors of the mortgagor and bona fide purchasers.</p>