Heyland v. Badger

Citations

• 35 Cal. 404

Syllabus

<p>Chattel Mortgage. —A chattel mortgage vests the legal title to the property-mortgaged in the mortgagee, subject to be revested in the mortgagor upon the performance of the condition; and in case of breach of the condition, the title becomes absolute at law in the mortgagee. The title passes whether possession of the chattel mortgaged be delivered or not.</p> <p>A Pledge. — A pledge does not vest the title in the pledgee. He has only a special property in or lien on the chattel pledged, and if the pledge is not redeemed by the time limited, it retains the character of a pledge still.</p> <p>Trover jtor Personal Property Mortgaged. — In case of a chattel mortgage the mortgagee could formerly maintain trover against the mortgagor for a refusal to deliver or a conversion of the chattel, but the mortgagor dould not maintain trover against the mortgagee for refusing to deliver or selling the mortgaged property, unless the mortgage has been paid, or á tender has been made before condition broken.</p> <p>Trover depends on Title.—The action of trover depends on legal title, general or special, to support it, and the mortgagor, as against the mortgagee, has no title.</p> <p>Bill in Equity to redeem Chattels.—In ease of a chattel mortgage the remedy of the mortgagor is by bill in equity to redeem, and his equity of redemption cannot be cut off by the mortgagee, except by a public sale of the property on due notice.</p>