Fassett v. Wise

Citations

• 115 Cal. 316
• 47 P. 47
• 1896 Cal. LEXIS 1012

Syllabus

<p>Chattel Mortgage—Removal of Mortgaged Property Prior to Record—Place of Record—Attachment.—Where personal property, subject to a chattel mortgage, has been removed by the mortgagor from the county where the mortgage was executed, and where the property was situated and the mortgagor resided at the time of the execution of the mortgage, and-before it has been recorded in such county, it must be recorded in the county to which the property has been removed by the mortgagor, otherwise it is void as to creditors and subsequent purchasers and encumbrancers in good faith, and may be seized under attachment against the mortgagor, if remaining in his possession at the time of the levy; and a subsequent recordation by the mortgagee in the county where the property was originally situated, made after its removal, and before the attachment, cannot avail as against the attaching creditor.</p>