Bishop v. McKillican

Citations

• 124 Cal. 321
• 57 P. 76
• 1899 Cal. LEXIS 993

Syllabus

<p>Mortgage of Street Railroad—Foreclosure—Receiver—Attachment —Replevin.—A receiver appointed to take possession of mortgaged railroad property in an action of foreclosure cannot, without an order of court, maintain an action, of replevin to recover the possession of personal property belonging to the railroad company, which was not taken from his possession, but was held by the sheriff under a writ of attachment, and had come into the possession of the receiver only as care-taker for the sheriff.</p> <p>Id.—Mortgage of Personal Property—Defective Execution.—A mortgage of a street railroad, purporting to cover the personal, as well as the real, property of the railroad company, which is not executed as provided in sections 29-50 to 2972 of the Civil Code, concerning mortgages of personal property, hut only as a mortgage of real property, is void as to the personal property, as against the attaching creditors of the mortgagor.</p> <p>Id.—Power of Railroad Corporations to Mortgage Property—Mode of Execution—Construction of Code.—Section 456 of the Civil Code, conferring upon railroad corporations the power to mortgage their property, does not prescribe the mode of execution of such mortgages; hut the mode and manner of the execution of mortgages of real and personal property by such corporations is that prescribed by the Civil Code for the execution of such mortgages in general, without exception in favor of any person or corporation.</p>