Fette v. Lane

Citations

• 4 Cal. Unrep. 813
• 37 P. 914
• 1894 Cal. LEXIS 1213

Syllabus

<p>Mortgage on Crops—Notice of Prior Mortgage.—Plaintiff took a mortgage on certain crops as security for a loan, and subsequently defendant took a mortgage on the same crop for seed furnished, and to secure future advances. Plaintiff’s mortgage was not recorded. Held, that a finding, on conflicting evidence, that defendant had notice of plaintiff’s mortgage before making the advances on the second mortgage, would not be disturbed.</p> <p>Chattel Mortgage.—An Unrecorded Mortgage of Personal property is valid against a subsequent mortgagee with notice.1</p> <p>Mortgage of Crops—Prior Unrecorded Mortgage.—Where defendant’s second mortgage for seed furnished was made before he had notice of plaintiff’s prior unrecorded mortgage on the same crops, defendant has a prior lien to the extent of the seed furnished, but cannot enforce against the plaintiff liens for advances furnished the mortgagor after notice of the first mortgage.</p> <p>Mortgage of Crops.—In an Action by the First Mortgagee of crops to recover the amount of his lien from a second mortgagee, who has sold them, one of the mortgagors may testify as to a statement by plaintiff that it was understood that the crops should be sent to defendant subject to plaintiff’s lien, in order to rebut an allegation that plaintiff had surrendered his lien.</p> <p>Mortgage of Crops.—A Finding That Barley Subject to Mortgages to plaintiff and defendant was to be stored by defendant in plaintiff’s name, that he stored it in his own name, that plaintiff’s demand of enough to secure his claim was not complied with, and that the barley was sold by defendant, and the proceeds retained by him, shows a conversion of the barley.</p>