Cowden v. Mills

Citations

• 9 Idaho 626
• 75 P. 766
• 1904 Ida. LEXIS 86

Syllabus

<p>Unrecorded Mortgage — Actual Notice to Purchaser — Value of Property Seized.</p> <p>1. Where a chattel mortgage has not been filed for record with the recorder of the county where such property is located and kept as required by section 3386, Revised Statutes, as amended (Sess. Laws 1899, p. 121), a subsequent purchaser of such property is. not bound by the mortgage unless he be shown to have had actual notice of the same.</p> <p>2. Eeld,' further, that where there is a direct and substantial conflict in the evidence as to whether the purchaser had actual notice of the mortgage, and the trial court finds that he had no such notice, the appellate court will not disturb such findings.</p> <p>3. In an action to recover the possession of personal property wrongfully seized, or the value thereof, in case a return cannot be had, the plaintiff cannot be limited in his right of recovery to the price for which defendant may have sold the same.</p> <p>(Syllabus by the court.)</p>