Wintler Abstract & Loan Co. v. Sears

Citations

• 108 Wash. 461
• 184 P. 309
• 7 A.L.R. 152
• 1919 Wash. LEXIS 873

Syllabus

<p>Chattel Mortgages (49, 50) —Rights and Liabilities — Use by Mortgagor—Conversion or Injury to Property. Notwithstanding a chattel mortgage creates a lien only and conveys no title, a mortgagor of abstract books has no right to impair the security by taking and selling photographic reproductions of the books, in view of Rem. Code, § 1111, giving the mortgagee the right to maintain an immediate action for foreclosure, if there is reasonable cause to believe that the property will be destroyed, lost, or removed, and § 3669, making injury to the same a misdemeanor; since making the secret information public must be considered an unlawful destruction of the security.</p> <p>Same (78)—Foreclosure-—Sale — Property Included — Photographic Copies of Abstract Books Wrongfully Taken. Without deciding whether a chattel mortgage of abstract books covers photographic reproductions unlawfully taken by the mortgagor and sold to a third person, a decree of foreclosure and sheriff’s sale particularly describing the books only, does not pass title to the copies, or authorize a possessory action to recover the copies.</p>