Worley v. Metropolitan Motor Car Co.

Citations

• 72 Wash. 243
• 130 P. 107
• 1913 Wash. LEXIS 1441

Syllabus

<p>Sales — Conditional Sales — Recording — Incumbrances — Antecedent Debt — Chattel Mortgages — Priority. A mortgagee in a chattel mortgage given to secure an antecedent debt, without notice of the conditional nature of the mortgagor’s title, is an incumbrancer in good faith, who has priority over a prior unrecorded conditional bill of sale, within the meaning of Rem. & Bal. Code, § 3670, providing that conditional sales of property placed in the possession of the vendee shall be absolute as to subsequent purchasers, incumbrancers and subsequent creditors in good faith, unless the bill of sale be recorded within ten days.</p> <p>Same — Recobding—When Title Passes — Execution Aeteb Delivery — Validity. Under Rem. & Bal. Code, § 3670, providing that conditional sales of property placed in the possession of the vendee shall be absolute as to purchasers, incumbrancers and subsequent creditors in good faith, unless within ten days after taking possession, the bill of sale be recorded, the rights of the vendor can be reserved by a conditional bill of sale only when the contract is signed within ten days after possession was given over; and after delivery of possession, a conditional sales contract cannot be antedated and made to answer the purpose of a chattel mortgage.</p>