Edwards v. Grand

Citations

• 121 Cal. 254
• 53 P. 796
• 1898 Cal. LEXIS 886

Syllabus

<p>Mortgage—Declaration of Homestead—Priority of Record.—A mortgage, executed by a husband, duly acknowledged and deposited in the recorder’s office after the usual hour of closing in the evening, with direction to the recorder to record it, though not marked by the recorder as filed for record until the following morning, will prevail over a declaration of homestead made by the wife upon a portion of the mortgaged premises which was handed to' the recorder on his way to the office on the following morning, and marked filed for record at the same time with the mortgage.</p> <p>Id.—Deposit of Instrument for Record—Filing—Indorsement.—An instrument is deemed to be recorded when, being duly acknowledged, or proved and certified, it is deposited in the recorder’s office with the proper officer for record, and it is filed for record when so deposited with directions to record it. Indorsing the fact and time of its deposit is not an essential part of its filing.</p> <p>Id.—Delivery Out of Recorder’s Office.—The delivery of an instrument to the proper officer at a place other than the office where it is required to be filed is not sufficient, even though the officer should indorse it as properly filed when so delivered.</p> <p>Id.—Deposit for Record after Dsual Hours.—The fact that the mortgage was deposited in the recorder’s office, and delivered to the recorder therein for record after the usual hour for closing the office, does not preclude that it should be deemed filed for record at the time of such deposit. Office hours are established to define a duty of the officer, and for the convenience of the public, and are not to be construed as limiting the time within which individuals may avail themselves of rights elsewhere conferred by statute.</p> <p>Id.—Attorney’s Fees—Province of Court.—The court may determine whether the whole or a portion of the amount stipulated in the mortgage as attorney’s fees for its foreclosure was a reasonable fee, even if no evidence was pre