Nations v. Lowenstern

Citations

• 27 N.M. 613
• 204 P. 60

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>(1), Where a mortgagee elects to file for record a copy of a chattel mortgage, the copy must be substantially accurate, and a copy which shows no signature or acknowledgment does not constitute constructive notice. ,P. 617</p> <p>(2) The filing of an incomplete copy of a chattel mortgage is not aided by the unauthorized certificate of the clerk that it is a true copy. P. 619</p> <p>(3) An index to chattel mortgage records does not constitute constructive notice of an instrument not entitled to be filed for record. P. 620</p> <p>(4) A mere presentation to the county clerk of an original chattel mortgage and the immediate withdrawal of it without recording or leaving a copy in its stead cannot be a filing within L.aws 1915, c. 71, as amended by Laws 1917, cc. 36, 74, even though the clerk puts his file mark upon it; to “file” an instrument being to present it to the proper officer to be kept as an archive of his office. P. 617</p> <p>(5) Laws 1915, c. 71, as amended by Laws 1917, cc. 36, 74, providing that a copy of a chattel mortgage may be filed instead of the original, contemplates a true copy; a “copy” of an instrument being a duplication or- reproduction of it. P. 619</p>