Mendenhall v. Kratz

Citations

• 14 Wash. 453
• 44 P. 872
• 1896 Wash. LEXIS 388

Syllabus

<p>UNRECORDED CHATTEL MORTGAGE — SUBSEQUENT PURCHASERS — DESCRIPTION OF GOODS — PUBLICATION OF DEPOSITIONS.</p> <p>A chattel mortgage, although not verified and recorded as required by Gen Stat., §1648, is not void as to subsequent purchasers, who take with notice of its existence.</p> <p>The location of chattels mortgaged need not be stated in the mortgage, if they are otherwise sufficiently described.</p> <p>Notice of motion to publish depositions is not necessary, as Code Proc., § 822, requiring notice of motions to the adverse party is not applicable to motions which cannot be contested.</p> <p>That the complaint is amended after a deposition is taken will not be sufficient to exclude it, if it is upon and pertinent to the issues raised by the amended complaint.</p> <p>Depositions opened by the clerk by mistake but at once sealed up and kept in his custody until regularly ordered to be published by the court, may, within the discretion of the court, be used upon the trial.</p>