Bank of Ukiah v. Petaluma Sav. Bank

Citations

• 100 Cal. 590
• 35 P. 170
• 1893 Cal. LEXIS 837

Syllabus

<p>Unrecorded Mortgage—Priority of Lien Over Attachment and Judgment.—The lien of an unrecorded mortgage given to secure a loan is created by the mere execution and delivery of the mortgage, and takes precedence over an attachment or judgment lien obtained after its execution.</p> <p>Id.—Attaching Creditor Not a Bona Fide Purchaser.—An attaching creditor is not a bona fide purchaser within the meaning of section 1214 of the Civil Code, which provides that an unrecorded mortgage is void only as against subsequent purchasers or mortgagees, for value and in good faith, and such creditor takes only what interest the debtor has at the date of the attachment.</p>