Dixon v. Tyree

Citations

• 92 Kan. 137
• 139 P. 1026
• 1914 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE. COURT.</p> <p>1. Unrecorded Chattel Mortgage — Absolutely Void as Against Subsequent Mortgagee in Good Faith. Under section ,5224 of the General Statutes of 1909 a chattel mortgage of an automobile, not recorded and not accompanied by immediate delivery and followed by actual change of possession of the property, is absolutely void as against a subsequent mortgagee in good faith, although the subsequent mortgage is not filed for record and possession is not taken under it.</p> <p>2. Same — Effect of Taking Subsequent Possession — Filing of First Mortgage. The fact that the holder of the mortgage first given obtains possession of the automobile from the owner of a barn where the mortgagor kept it, and records his mortgage before the other mortgage is recorded and without knowledge of its existence, does not validate his mortgage and give it priority.</p> <p>3. Same. To accomplish the result just stated the holder of the mortgage first given must take possession or file his mortgage for record by virtue of joint action with the mortgagor. In that event the mortgage has the effect of a mortgage given the day possession is taken or the instrument is filed for record, and is given priority by the statute over the unrecorded mortgage.</p> <p>4. Same —• Who are Subsequent Creditors of Mortgagor, The term “creditors” used in the statute referred to, which gives creditors the same status as subsequent purchasers or mortgagees in good faith,_ does not mean general creditors but only those who have perfected a right to appropriate the specific property, as, for example, by attachment or execution levy.</p>