Sayward v. Nunan

Citations

• 6 Wash. 87
• 32 P. 1022
• 1893 Wash. LEXIS 229

Syllabus

<p>EXECUTION — TRIAL OF TITLE — PLEADING — EVIDENCE — JUDGMENT— BILL OF SALE — RECORD — CHATTEL MORTGAGE.</p> <p>The failure to record a bill of sale within ten days after its*execution, where the purchaser does not take possession of the property, renders it void only as to such parties as obtain intervening rights between the time of its execution and of its recording.</p> <p>The holder of a chattel mortgage, who has not reduced the property to his possession, cannot maintain a proceeding as owner to recover possession thereof, when it has been levied upon as the property of another.</p> <p>Where the proof creates a doubt as to whether an instrument effects a conditional sale of property or is a chattel mortgage thereof, the instrument should be treated as a chattel mortgage.</p> <p>The trial of title to property levied upon, where it is claimed by a’third party, is based upon the allegations of the affidavit setting up ownership, and, a complaint being unnecessary, it is not error to strike it from the files.</p> <p>The act of a debtor in putting another in the constructive possession of his property under a bill of sale does not conclude his creditors from showing that the debtor himself was, and claimed to be, in possession.</p> <p>Upon the trial of title to property levied upon under execution, the proper judgment against a claimant who fails to make good his title to the property is for the amount of the execution creditors’ claim, not exceeding the value of the property in controversy, irrespective of any priority the claimant may be entitled to as against such creditor.</p> <p>Proof of the condition and value of property before and after the date of a bill of sale thereof is inadmissible in the absence of proof that the condition and quantity of the property was the same at such times as it was when the bill of sale was executed.</p>