Bank of Ukiah v. Moore

Citations

• 106 Cal. 673
• 39 P. 1071
• 1895 Cal. LEXIS 660

Syllabus

<p>Chattel Mortgage—Sheep and Neat Cattle—Registry—Amendment of Code not Retroactive.—A chattel mortgage upon sheep and neat cattle made prior to the amendment of March 9, 1893, of section 2955 of the Civil Code, is not entitled to registry, and the recording of it would impart no constructive notice, sheep and neat cattle not being among the articles provided to be mortgaged prior to said amendment; and the recording thereof after the passage of the amendment does not render the mortgage valid as a statutory mortgage; nor does the amendment have any retroactive effect to make a statutory mortgage of that which was not such when it was executed, it not being expressly declared in the amendment that it is retroactive,</p> <p>Id.—Registry Law—Retroactive Effect—Invalid Statutory Mortgage__Registry laws are usually not held to have retroactive effect, except so far as they may aid vested rights under valid instruments; and, where there is no valid statutory mortgage to be recorded, a subsequent authority of law to record a similar mortgage does not operate to give constructive notice to the prior record of the invalid mortgage.</p> <p>Id.—Common-law Mortgage.—A mortgage upon personal property not authorized to be mortgaged by the statute is nevertheless valid as a common-law mortgage between the parties, and as against all other persons except creditors of the mortgagor and subsequent purchasers in good faith for value.</p> <p>Id.—Rights of Chattel Mortgagee—Possession—Remedy at Law.—In this state a mortgage of personal property does not transfer the title or the right to immediate possession to the mortgagee, unless expressly so provided in the mortgage; and, if the mortgage is not due and does not provide for a change of possession of the mortgaged property, the mortgagee is not entitled to possession, and has no remedy at law to prevent an interference with the mortgaged chattels.</p> <p>Id.—Remedy in Equity—Injunction —Receiver.—As against the mortgagor of chattels