Clark v. Kilian

Citations

• 116 Wash. 532
• 199 P. 721
• 1921 Wash. LEXIS 839

Syllabus

<p>Chattel Mortgages (23, 43-2)—Validity—Failure to Recobd— Rights of Subsequent Purchasers. A chattel mortgage not filed for record within ten days after its execution is void, as against a subsequent purchaser in good faith, notwithstanding the mortgage may have been recorded prior to the acquisition of title by such purchaser, under Rem. Code, § 3660, providing that a chattel mortgage not so recorded shall he void as to all creditors of the mortgagor, existing or subsequent, whether they have a lien or not, and as against all subsequent purchasers in good faith.</p> <p>Same (43)—Notice of Mortgage—Burden of Proof. In a contest between a chattel mortgagee whose mortgage was not recorded and a subsequent purchaser of the mortgaged property, the burden of proof is upon the mortgagee to show that the purchaser had actual notice of the existence of the mortgage.</p>