Wildman v. Radenaker

Citations

• 20 Cal. 615
• 1862 Cal. LEXIS 83

Syllabus

<p>Under a mortgage of personal property, not made in pursuance of the provisions of the Chattel Mortgage Act, the mortgagee is entitled to the possession of the property.</p> <p>W. sued B. to recover certain personal property, and at the time of commencing the action upon the usual affidavit, bond and order, procured the property to be taken from defendant and delivered to him. From the pleadings and evidence, it appeared that the property had been mortgaged by W. to B. to secure a loan of two hundred dollars and interest; and that after the commencement of the action, plaintiff had tendered to B. the amount of the debt and interest, and was still ready to pay the same: Held, that B. being a mortgagee was entitled to the possession of the property when the action was commenced, and that he should have judgment in his favor for costs; but that under the offer of plaintiff to pay the mortgage debt, B. was not entitled to a judgment for the return of the property to him.</p>