Mitchell v. Steelman

Citations

• 8 Cal. 363

Syllabus

<p>Where A, the owner of a sea-going vessel, executes to B, a mortgage thereon, which is recorded in the custom-house of her home port, B commences suit to foreclose the mortgage, and makes C a party defendant thereto, on the ground that he has purchased the vessel, subject to the lien of plaintiff's mortgage, C, in his defence, avers that the mortgage was void under our Statute of Frauds, and that he now held the vessel discharged from the same: Held, that the mortgage was a valid lien, and that the record of the mortgage was sufficient notice thereof to C.</p> <p>The power of Congress to regulate commerce, is exclusive, when exercised. The act of Congress of July 29th, 1850, authorizing mortgages of this kind to be recorded, and making the record thereof notice to third parties, being in conflict with our Statute of Frauds, the latter must yield.</p> <p>Where notice of a mortgage is had by a subsequent purchaser or mortgagor, he is not protected by our Statute of Frauds.</p>