Dunsmuir v. Port Angeles Gas, Water, Electric Light & Power Co.

Citations

• 24 Wash. 104
• 63 P. 1095
• 1901 Wash. LEXIS 503

Syllabus

<p>APPEAL-BRIEFS-COMPLIANCE WITH COURT RULES.</p> <p>Failure to comply literally with the requirements of rule 8 of the supreme court, which provides that briefs shall contain a clear statement of the case, as far as deemed material, with references to the pages of the transcript for verification, and shall include the findings of fact made by the court, with the exceptions thereto, on which any question is sought to be raised on appeal, is not ground for striking the brief, when such requirements have been substantially complied .with by the appellant.</p> <p>CHATTEL MORTGAGES-CONSTRUCTIVE NOTICE-RECORDING IN WRONG RECORD — WATER WORKS SYSTEM — WHEN PERSONAL PROPERTY.</p> <p>A water works plant and system, with its pipes, mains, fixtures, rights, privileges and franchises, are personal property when the land to which they are attached does not belong to the water works company, and it has but a limited easement in the streets and lands through which its pipes are laid for the delivery of water; and a mortgage thereof, when recorded in the record of real estate mortgages, instead of that of chattel mortgages, does not afford constructive notice, under Bal. Code, §§4558, 4559, which provide that a mortgage of personal property is void as against creditors of the mortgagor, or subsequent purchasers or incumbrancers for value and in good faith, unless acknowledged and recorded in the office of the county auditor of the county in which the property is situated, in a book kept exclusively for that purpose.</p> <p>TAXES-PAYMENT BY MORTGAGEE OP PERSONAL PROPERTY-LIENS.</p> <p>The holder of a chattel mortgage upon personalty, who pays delinquent taxes thereon acquires no additional lien thereby, by virtue of Laws 1891, p. 322, §109, which provides that any person who has a lien, by mortgage or otherwise, upon any real property on which the taxes have not been paid, may pay such taxes, and the same shall constitute an additional lien.</p>