Spokane Merchants' Ass'n v. First National Bank

Citations

• 86 Wash. 367
• 150 P. 434
• 1915 Wash. LEXIS 1001

Syllabus

<p>Chattel Mortgages — Validity—Failure to Record. A chattel mortgage which was not filed as required by law until ten months after the death of one of the mortgagors, at which time the property had passed to the administratrix, is void as to creditors.</p> <p>Same — Validity—Persons Entitled to Attack. Creditors who have not acquired a specific right to or lien upon mortgaged chattels cannot question the validity of the mortgage as between the parties thereto.</p> <p>Same. In view of Rem. & Bal. Code, § 1483, providing that a judgment against an administrator only establishes the claim, and does not create a lien upon the property of the estate, creditors whose claims have been allowed and established have no such right to, or lien upon, chattels mortgaged by the deceased as to be entitled to question the validity of the mortgage as between the parties thereto.</p> <p>Same — Foreclosure—Transfer. Upon a judgment of foreclosure, a chattel mortgage is merged in the judgment and has no further validity.</p> <p>Judgment — Bar—Motion to Vacate — Collateral Attack. An order denying a motion to vacate a judgment is a bar to a subsequent proceeding by motion or independent action seeking the same relief; and the bar would be applicable to creditors of an estate who were not parties hut had the right to appear in the action against the administratrix and move for the relief afterwards sought by them in an independent action.</p> <p>Fullerton, J., dissents.</p>