Othello State Bank v. J. I. Case Threshing Machine Co.

Citations

• 113 Wash. 680
• 194 P. 563
• 1921 Wash. LEXIS 547

Syllabus

<p>Chattel Mortgages (24) — Filing and Recording — Effect of Failure to Record, or Defective Record. The failure to file and record a renewal of a chattel mortgage, under Rem. Code, § 3662, covering machinery upon which a subsequent chattel mortgage is placed with knowledge of the existence of the first mortgage, does not defeat the right to foreclosure where, prior to such renewal, foreclosure was commenced and the holder of the second mortgage was joined as a party defendant and this action was dismissed upon the payment of $1,000 by the mortgagor with money secured from the second mortgagee, and it was in that action stipulated that the mortgage be extended until October 1, 1918.</p> <p>Same .(43) — Lien and Priority — Notice Affecting Priority. A past due chattel mortgage may be foreclosed as a prior lien over a second mortgage not yet due, even though the provisions of Rem. Code, § 3662, requiring notice of the renewal thereof to he filed with the county auditor have not been complied with, where the party seeking to enjoin such foreclosure has actual notice of such renewal.</p>