Odd Fellows' Savings Bank v. Banton

Citations

• 46 Cal. 603

Syllabus

<p>Word “Conveyance” in Civil Code. — The words “ conveyance of real property,” as used in sections twelve hundred and thirteen and twelve hundred and fourteen of the Civil Code, include mortgages.</p> <p>Mortgage First Recorded Prevails.—A mortgage of real property is void, as against a subsequent mortgage of the same properly which is first recorded, and is taken in good faith and for a valuable consideration and without actual notice of the preceding mortgage.</p> <p>Idem. — The above rule is not affected by section twenty-nine hundred and thirty-seven of ihe Civil Code, which prescribes that the mortgagee is allowed one day for every twenty miles between his residence and the Recorder’s office, and that during such time the mortgage has the same effect as if recorded.</p> <p>Conflict Between two Articles in Codes. — The subject matter of recording mortgages comes more properly under the Article in the Civil Code prescribing rules for mortgages of real property ” than under the Article prescribing rules for “ mortgages in general,” and if there is a conflict between the two Articles in relation to recording mortgages, the former must prevail.</p>