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>
Judges: Crockett, Sawyer
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Berson v. NunanCalifornia Supreme Court· 1883-06-23· cited 32×
- Shoobert v. De MottaCalifornia Supreme Court· 1896-03-31· cited 16×
- Prondzinski v. GarbuttNorth Dakota Supreme Court· 1898-12-05· cited 14×
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada· 1897-12-04· cited 13×
- Quackenbush v. SawyerCalifornia Supreme Court· 1880-07-01· cited 9×
- Hull-Dobbs Co. of Puerto Rico v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico· 1959-04-09· cited 6×
- Hull-Dobbs Co. v. Superior Court of Puerto RicoSupreme Court of Puerto Rico· 1959-04-09
Cites
8 cases in this archive are cited by this case.
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors· 1840-12-15· cited 74×
- Dutton v. WarschauerCalifornia Supreme Court· 1863-07-01· cited 47×
- Brown v. Bement & StrongNew York Supreme Court· 1811-05-15· cited 37×
- Fogarty v. SawyerCalifornia Supreme Court· 1861-07-01· cited 36×
- Dewey v. BowmanCalifornia Supreme Court· 1857-07-01· cited 17×
- Cortelyou v. LansingNew York Supreme Court· 1796-07-01· cited 16×
- Wilson v. BrannanCalifornia Supreme Court· 1865-07-01· cited 12×
- Kater v. Steinruck's AdministratorSupreme Court of Pennsylvania· 1861-11-29· cited 4×
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