Chittenden v. Pratt

Citations

• 89 Cal. 178
• 26 P. 626
• 1891 Cal. LEXIS 794

Syllabus

<p>Mortgage of Crops — Notice to Purchasers—Title of Mortgagee — Removal of Crops — Conversion — Assumpsit. — Where a mortgage of crops is duly executed and recorded, subsequent purchasers are charged with notice that the legal title is in the mortgagee, and that a wrongful removal of the property from the land could not divest the mortgagee of the lien of the mortgage; and the removal of such crops by a purchaser without payment of the mortgage lien is a conversion of the crops, for which the mortgagee has a right of action to recover their value in an action of assumpsit.</p> <p>Id. — Sale to Creditors of Mortgagor — Notice to Pat Mortgage — Consent of Mortgagee to Sale — Waiver of Lien — Estoppel. — Where a mortgagor of crops purchased certain articles of third parties, who had actual notice of the mortgage, and promsied to pay therefor in the crops, hut before the crops were removed a bank which held the mortgage as collateral security wrote to the purchasers at the mortgagor’s request, notifying them of the mortgage, and that they would be held responsible if the mortgage was not paid before they settled with the mortgagor, whereupon the mortgagor informed the mortgagee that he had sold the crop at a good price, and would hold him to the same price if the sale was stopped, the fact that the mortgagee afterward wrote to the mortgagor, telling him to hold the purchasers of the crop to their agreement, and that no one had done anything to interfere with the sale, does not waive the lien, or estop the mortgagee from claiming the value of the crops sold from the purchasers.</p> <p>Assumpsit — Conversion of Personal Propertt — Waiver of Tort. — Where one person converts to his own use the personal property of another, the latter may waive the tort, and sue in assumpsit for the value thereof.</p>