Smith v. Allen

Citations

• 78 Wash. 135
• 138 P. 683
• 1914 Wash. LEXIS 990

Syllabus

<p>Acknowledgment — Proof — Oral Evidence. An acknowledgment cannot be proved by parol, but only by the certificate of the officer.</p> <p>Chattel Mortgages — Acknowledgment—Necessity. A chattel mortgage, without any certificate of acknowledgment by an officer authorized to take acknowledgments, is void as against creditors or incumbrancers for value and in good faith, under the express provisions of Rem. & Bal. Code, § 3660.</p> <p>Same — Priority—“Creditors” and “Incumbrancers” — Statutes— Construction. A creditor who takes a valid chattel mortgage to secure his antecedent debt, with notice of a prior unacknowledged chattel mortgage given to secure another creditor, is .both a creditor and an incumbrancer for value and! in good faith, within Rem. & Bal. Code, § 3660, providing that a chattel mortgage without acknowledgment is void as to creditors, subsequent purchasers, and incumbrancers for value and in good faith; and his mortgage is therefore superior to the prior unacknowledged mortgage.</p>