Embagi v. Northwestern Improvement Co.

Citations

• 101 Wash. 558
• 172 P. 834
• 1918 Wash. LEXIS 893

Syllabus

<p>Chattel Mortgages—Acknowledgment and Recording—“Creditors'’ and “Incumbrancers”—Statutes—Construction. A preferred creditor who takes a quitclaim deed in payment of its antecedent debt, with actual notice of a prior unacknowledged and unrecorded chattel mortgage unaccompanied by an affidavit of good faith, is both a creditor and incumbrancer for value and in good faith, within Rem. Code, § 3660, providing that such a chattel mortgage is void as to creditors, subsequent purchasers and incumbrancers for value and in good faith; and its title by the quitclaim is superior to the mortgage.</p>