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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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notes.

Right of bondholder to sue for enforcement of corporate
trust deed.— See 20 L. 535-537.

Subrogation to benefits of superior lien. — See Kerr's Cyc. C. C.
§ 2904 subd. 2 and note.

Venue in action to foreclose mortgage. — See Kerr's Cyc. C. C.
P. § 392 and note par. 3.

§2932. POWER OF SALE. A power of sale may be con-
ferred by a mortgage upon the mortgagee or any other per-
son, to be exercised after a breach of the obligation for
which the mortgage is a security.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

57 C. 480, 482 (cited); 101 C. 224, 227, 35 P. 761 (cited); 68
P. 1020, 1021 (cited); 138 C. 682, 683, 72 P. 343 (cited); 11 F.
253, 260 (cited).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Forfeiture — Validity of contract providing for. — See Kerr's
Cyc. C. C. § 2889 and note.

Power of sale in mortgage. — See 14 A. D. 473, 474.

Sales and conveyances by trustees. — See 19 A. S. 266-297.

Vesting of mortgage powers. — See Kerr's Cyc. C. C. § 858 and
note.

§2933. POWER OF ATTORNEY TO EXEt I'TE. A power
of attorney to execute a mortgage must be in writing, sub-
scribed, acknowledged, or proved, certified, and recorded in
like manner as powers of attorney for grants of real prop-
erty.

History: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.
144 C. 19, 35, 77 P. 712 (cited).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

1475



§§ 2934, 2935 CIVIL CODE. [Div.III,Pt.IV.

Cognate section as to agency, generally. — See Kerr's Cyc. C. C.
§ 2309 and note.

Estoppel to deny authority in writing. — See Kerr's Cyc. C. C.
§ 2922 and note par. 9.

Testamentary power to sell and dispose of property. — See 38
A. R. 343.



§2934. RECORDING ASSIGNMENT OF MORTGAGE.

An assignment of a mortgage maj^ be recorded in like man-
ner as a mortgage, and such record operates as notice to
all persons subsequently deriving title to the mortgage from
the assignor.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 261.

' See Kerr's Cyc. C. C. for 3 pars, annotation.

109 C. 42, 49, 41 P. 799 (construed); 120 C. 238, 241, 242, 52 P.
483 (construed).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Assignment of mortgage, record of. — See 14 A. D. 513.

Assignment of mortgage, when subject to equities. — See 14
A. D. 513, 514.

Inseparability of debt and security. — See Kerr's Cyc. C. C.
§ 2936 and note par. 6.

Severance of debt and mortgage. — See Kerr's Cyc. C. C. § 2936
and note par. 12.

Statutory requirements as to chattel mortgages. — See Kerr's
Cyc. C. C. § 2936 and note par. 13.

Subsequent payments by mortgager. — See 65 A. S. 576.

Third persons are affected by assignment of debt.- — See Kerr's
Cyc. C. C. § 2936 and note par. 15.

§ 2935. NOT NOTICE TO MORTGAGER. When the mort-
gage is executed as security for money due, or to become
due, on a promissory note, bond, or other instrument, desig-
nated in the mortgage, the record of the assignment of the
mortgage is not, of itself, notice to a mortgager, his heirs,
or personal representatives, so as to invalidate any payment
made by them, or either of them, to the person holding such
note, bond, or other instrument.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 261.

1476



Tit.XIV,ch.II,art.I.] ASSIGNMENT— DISCHARGE. §§ 2936-2938

See Kerr's Cyc. C. C. for 6 pars, annotation.

120 C. 238, 241, 242, 52 P. 483 (construed); 136 C. 313, 316, 68
P. 975 (cited).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Inseparability of debt and security. — See Kerr's Cyc. C. C.
§ 2936 and note par. 6.

§2986. MORTGAGE PASSES BY ASSIG>ME>T OF DEIJT.

The assignment of a debt secured by mortgage carries with

it the security.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act Marcli 16, 1901, Stats, and Amdts. 1900-1, p. 417, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 15 pars, annotation.

88 C. 319, 327, 26 P. 180, 182 (cited); 93 C. 114, 117, 28 P. 855,
856 (cited); 109 C. 42, 48, 41 P. 799 (applied).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

As to record of assignment, see Kerr's Cyc. C. C. § 2934 and
note.

Assignment of mortgage, notice of. — See 14 A. D. 513.

Negotiability of note secured by mortgage as affected by pro-
visions in mortgage. — See 35 L. 536, 537.

Non-negotiable instruments may be transferred. — See Kerr's
Cyc. C. C. § 1459 and note.

Rights of assignee of mortgage note. — See 20 A. S. 442. 443.

§2937. TIME ALLOWED FOR FILING MORTGAGE F(Ml

RECORD (repealed).

History: Enacted March 21, 1872; repealed March 30, 1S74.
Code Amdts. 1873-4, p. 261.

46 C. 603, 607, 608, 609 (cited); 127 C. 290, 309, 53 P. 911, 59 P.
827, 46 L. 371 (cited in dis. op.).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

§2938. M()RTGAGE, HOW DISlHARCiED. A recorded
mortgage may be discharged by an entry in the margin of the
record thereof, signed by the mortgagee, or his personal rep-
resentative or assignee, acknowledging the satisfaction of

1477



§§2939, 29391^ CIVIL CODE. [Div.III.Pt.IV.

the mortgage in the presence of the recorder, who must cer-
tify the acknowledgment in form substantially as follows:

"Signed and acknowledged before me, this day of

, in the year A B, Recorder."

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 15 pars, annotation.

72 C. 451, 457, 14 P. 186, 188 (construed); 119 C. 283, 297, 63 A.
S. 108, 51- P. 2 (construed).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Extinction of lien. — See Kerr's Cyc. C. C. §§ 2909-2913 and
notes.

Power' to release mortgage need not be recorded. — See Kerr's
Cyc. C. C. § 2933 and note par. 4.

Redemption from lien. — See Kerr's Cyc. C. C. §§ 2903-2905 and
notes.

Right to reinstatement of mortgage when released or dis-
charged bj'' mistake. — See 58 L. 788-807.

Subrogation to benefits of superior lien.^See Kerr's Cyc. C. C.
§ 2904 subd. 2 and note.

Substitution of one mortgage for another. — See Kerr's Cyc.
C. C. § 2941 and note par. 13.

Transfer of mortgage. — See Kerr's Cyc. C. C. § 2935 and note
par. 6.

§ 2939. SAME. [ON CERTIFICATE.] A recorded mortgage,
if not discharged as provided in the preceding section, must be
discharged upon the record by the officer having custody
thereof, on the presentation to him of a certificate signed
by the mortgagee, his personal representatives or assigns,
acknowledged or proved and certified as prescribed by the
chapter on "recording transfers," stating that the mortgage
has been paid, satisfied, or discharged.

History: Enacted March 21, 1872.

As to discharge of mortgage by oral agreement, see Kerr's
Cyc. C. C. § 2939, note.

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

§ 2939^^. SAME— HOW FOREIGN EXECUTORS AND AD-
MINISTRATORS MAY SATISFY MORTGAGES. Foreign
executors and administrators may satisfy mortgages upon the

1478



Tit.XIV,ch.II,art.I.] SATISFACTION— duty on. §§ 2940, 2941

records of any county in this state, upon producing and
recording in the office of the county recorder of the county
in which such mortgage is recorded, a duly certified and
authenticated copy of their letters testamentary or of admin-
istration, and which certificate shall also recite that said
letters have not been revoked.

HlHtory: Enacted March 8, 1895, Stats, and Amdts. 1895, p. 28.

§2940. SAME. [RECORD A>'P REFERENCE.] A certifi-
cate of the discharge of a mortgage, and the proof or
acknowledgment thereof, must be recorded at length, and a
reference made in the record to the book and page where
the mortgage is recorded, and in the minute of the discharge
made upon the record of the mortgage to the book and page
where the discharge is recorded.

Uidtory: Enacted March 21, 1872.

§2941. DUTY OF MORTGAGEE ON SATISFACTION OF
MORTGAGE. When any mortgage has been satisfied, the
mortgagee or his assignee must immediately, on the demand
of the mortgager, execute, acknowledge, and deliver to him
a certificate of the discharge thereof, so as to entitle it to
be recorded, or he must enter satisfaction, or cause satisfac-
tion of such mortgage to be entered of record; and any
mortgagee, or assignee of such mortgagee, who refuses to
execute, acknowledge, and deliver to the mortgager the
certificate of discharge, or to enter satisfaction, or cause
satisfaction of the mortgage to be entered, as provided in
this chapter, is liable to the mortgager, or his grantee or
heirs, for all damages which he or they may sustain by
reason of such refusal, and shall also forfeit to him or them
the sum of one hundred dollars.

HiNtory: Enacted Martli 21, 1S72: amended Marcli 30, 1874.
Code Amdts. 1S7S-4, p. 201 : Ai)ril 15, 1880, Code Amdts. 1880
(C. C. pt.), p. 11.

See Kerr's Cyc. C. C. for 10 pars, annotation.
fi4 C. 273, 274 (applied hut erroneously cited as § 2951), 30 P.
818 (same error); 106 C. 199, 2Mn. 201. 39 P. 533 (cited).

1479



§ 2942 CIVIL CODE. [Div.III.Pt.IV.

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Cancelation of release.— See Kerr's Cyc. C. C. § 2938 and note
pars. 2-4.

Redemption from lien. — See Kerr's Cyc. C. C. §§ 2903-2905 and
notes.

Subrogation to benefits of superior lien. — See Kerr's Cyc. C. C.
§ 2904 subd. 2 and note.

§2942. PROVISIONS OF THIS CHAPTER DO NOT AF-
FECT BOTTOMRY OR RESPONDENTIA. Contracts of bot-
tomry or respondentia, although in the nature of mortgages,
are not affected by any of the provisions of this chapter.
History: Enacted March 21, 1872.

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Bottomry. — See Kerr's Cyc. C. C. §§3017-3029 and notes; also
note § 3017, post.

Respondentia. — See Kerr's Cyc. C. C. §§ 3036-3040 and notes:
also note § 3036, post.



1480



Tit.XIV.ch.II.art.II.] PROPERTY THAT MAY BE. § 2947

ARTICLE II.

MORTGAGES OF REAL PROPERTY.

§ 2947. What real property may be mortgaged.

§ 2948. Form of mortgage.

§ 2949. What must be recorded as a mortgage [repealed].

§ 2950. Defeasance, to affect grant absolute on its face, must

be recorded.
§ 2951. By whom paid after property passes by succession or-

will [repealed].
§ 2952. May be recorded.

§ 2947. WHAT REAL PROPERTY MAY BE .^lORTGAGED.

Any interest in real property which is capable of being trans-
ferred may be mortgaged.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 16 pars, annotation.

75 C. 102, 106, 16 P. 532 (cited in dis. op.); 14 P. 641, 642 (cited
in dept. op.); 99 C. 546, 548, 34 P. 113 (cited); 122 C. 626, 627,
55 P. 595 (cited); 124 C. 321, 324, 329, 71 A. S. 68, 57 P. 76
(referred to); 131 C. 605, 606, 63 P. 924 (applied); 82 F. 138, 139
(cited).

As to effect of subsoquontly acquired title, see Kerr's Cyc.
C. C. § 2930 and note.

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Adverse possession of another does not preclude mortgage. —
See Kerr's Cyc. C. C. § 2921 and note.

Corporate property mortgaged. — See note 6 L. 565, 566.

Encumbrances by pre-emptors and other claimants of pulilic
land.— See 52 A. S. 249, 254.

Growing crop — Lien of mortgage on. — See Kerr's Cyc. C. C.
§ 2972 and note.

Personal property which may be mortgaged. — Sec Kerr's
Cyc. C. C. § 2955 and note.

Possibility — Transfer of. — See Kerr's Cyc. C. C. § 1045 and
note.

Purchaser procuring deed to third person. — See Kerr's Cyc.
C. C. § 2924 and note par. 39.

Right to mortgage property. — See Kerr's Cyc. C. C. § 2920 and
note par. 47.

Street railroad. — See Kerr's Cyc. C. C. § 2920 and note par. 51.

Title in United States — Pre-emptor as mortgager. — See Kerr's
Cyc. C. C. § 2930 and note pars. 12-14.

1481



§§ 2948, 2949 CIVIL CODE. [Div.III,Pt.IV.

§ 2948. FORM OF MORTGAGE. A mortgage of real prop-
erty may be made in substantially the following form:

This mortgage, made the day of , in the year

, by A B, of , mortgager, to C D, of , mort-
gagee, witnesseth:

That the mortgager mortgages to the mortgagee [here
describe the property], as security for the payment to him

of dollars, on [or before] the day of ,

in the year , with interest thereon [or as security for

the payment of an obligation, describing it, etc.]. A. B.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

67 C. 275, 7 P. 693 (referred to); 124 C. 321, 329, 71 A. S. 68,
57 P. 76 (referred to).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

Charges not included in mortgage. — See Kerr's Cyc. C. C.
§ 2920 and note pars. 5, 6.

Condition of mortgage deed must give reasonable notice. — See
35 A. D. 86, 87.

Consideration for mortgage. — See Kerr's Cyc. C. C. § 2920 and
note pars. 9-11.

Defective execution of mortgage. — See Kerr's Cyc. C. C. § 2922
and note par. 7.

Description of indebtedness in mortgage. — See 49 A. S. 207-
209.

Executory agreement. — See Kerr's Cyc. C. C. § 2922 and note
pars. 10, 11.

Fictitious naine as affecting validity of instrument. — See 39
L. 423-425.

"Specific property."^See Kerr's Cyc. C. C. § 2920 and note
par. 50.

Sufficiency of description of mortgaged premises. — See 12 L.
177.

Writing and other formalities required. — See Kerr's Cyc. C. C.
§ 2922 and note.



§ 2949. WHAT MUST BE RECORDED AS A MORTGAGE

(repealed).

History: Enacted March 21, 1872; repealed March 30, 1874.
Code Amdts. 1873-4, p. 262.

1482



Tit.XIV,ch.II,art.II.] DEFEASANCE, RECORD OF. §§ 2950, 2951

124 C. 321, 329, 71 A. S. 68, 57 P. 76 (referred to).
As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.



§2950. DEFEASANCE, TO AFFECT GRAM ABSOLUTE
OX ITS FACE, MUST BE RECORDED. When a grant of real
property purports to be an absolute conveyance, but is in-
tended to be defeasable on the performance of certain con-
ditions, such grant is not defeated or affected as against any
person other than the grantee or his heirs or devisees, or
persons having actual notice, unless an instrument of defeas-
ance, duly executed and acknowledged, shall have been
recorded in the office of the county recorder of the county
where the property is situated.

Hi»itory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

119 C. 18, 21, 50 P. 925 (applied); 124 C. 321, 327, 329, 71 A. S.
68, 57 P. 76 (referred to); 144 C. 130, 132, 77 P. 831 (cited).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

As between parties recordation unnecessary. — See Kerr's Cyc.
C. C. § 1217 and note.

Constructive notice. — See Korr's Cyc. C. C. § 19 and note.

Notice from circumstances putting one on inquiry. — See 23
A. D. 47-53.

Question of fact as to what constitutes mortgage. — See Kerr's
Cyc. C. C. § 2924 and note.

Recording deed intended as mortgage. — See 14 A. D. 513.

Secret trust — Right of bona fide purchaser. — See 16 A. D. 512.
513.



§29.">1. BY >Vll0.n I'AID AFTER PROrEIM V TASSES
BY SUCCESSK^N (HI WILL (repealed).

HiMtory: Enacted March 21, 1872; ropoaliMl M.nnh ;?". ls74,
Code Amdts. 1873-4, p. 262.

64 C. 273, 274 (erroneously cited for §2941). 30 P. 818 (same
error); 124 C. 321, 327, 329, 71 A. S. 68. 57 P. 76 (referred to); 65
P. 896 (referred to as inapplicable).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

1483



§ 2952 CIVIL CODE. [Div.III.Pt.IV.

§ 2952. MAY BE RECORDED. Mortgages of real property
may be acknowledged or proved, certified and recorded, in
like manner and with like effect, as grants thereof.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 262.

See Kerr's Cyc. C. C. for 8 pars, annotation.

46 C. ^.03, 607, 608 (cited with §2937); 109 C. 42, 49, 41 P. 799
(referred to); 124 C. 321, 327, 329, 71 A. S. 68, 57 P. 76 (referred
to).

As between parties recordation unnecessary. — See Kerr's Cyc.
C. C. § 1217 and note.

As to many miscellaneous matters as to inortgages, see note
§ 2920, ante.

Certified copies — Recordation in various counties. — See Kerr's
Cyc. C. C. § 1213 and note.

Constructive notice. — See Kerr's Cyc. C. C. § 1213 and note.

Defeasance must be recorded, when. — See Kerr's Cyc. C. C.
§ 2950 and note.

Inforination to junior creditor inust be given.- — See Kerr's
Cyc. C. C. § 2948 and note par. 9.

Marshaling assets — Order of resort to different funds. — See
Kerr's Cyc. C. C. § 2889 and note; § 3433 and note.

Notice from circumstances putting one on inquiry. — See 23
A. D. 47-53.

Office in which to record mortgages. — See Kerr's Cyc. C. C.
§ 1169 and note.

Power to release mortgage need not be recorded. — See Kerr's
Cyc. C. C. § 2933 and note par. 4.

Prior lien — Right of holder of special lien upon payment of.
— See Kerr's Cyc. C. C. § 2876 and note.

Separate book for recordation of mortgages. — See Kerr's Cyc.
C. C. § 1171 and note.

What may be recorded. — See Kerr's Cyc. C. C. § 1158 and note.



1484



Tit.XIV,ch.II,art.III.] MORTGAGE, PERSONALTY. § 2955

ARTICLE III.

MORTGAGE OF PERSONAL PROPERTY.

§ 2955. What personal property may be mortgaged.

§ 2956. Form of personal mortgage.

§ 2957. When void as to third persons.

§ 2958. Mortgage of ships, when void as to third persons.

§ 2959. Where recorded.

§ 2960. Property in transit, where to be recorded.

§ 2961. Property of a common carrier, where to be recorded.

§ 2962. Recorded in different places.

§ 2963. Personal mortgage may be recorded.

§ 2964. Certified copies may be recorded, when.

§ 2965. Property exempt from effect of mortgage, when.

§ 2966. May be taken by mortgagee as a pledge, when.

§ 2967. How foreclosed.

§ 2968. Mortgaged property may be levied upon.

§ 2969. Limitations on right of levy.

§ 2970. Distribution of proceeds of sale under process.

§ 2971. Certain sections not applicable to mortgage of certain

ships.

§ 2972. Continuance of lien of mortgage on corps.

§ 2973. Mortgages on personal property, validity of certain.

§2955. WHAT PERSONAL PROPERTY MAY BE MORT-
GAGED. Mortgages may be made upon all growing crops,
including grapes and fruit, and upon any and all kinds of
personal property, except the following:

1. Personal property not capable of manual delivery;

2. Articles of wearing apparel and personal adornment;

3. The stock in trade of a merchant.

History: Enacted March 21, 1872; amended April 3. 1876,
Code Amdts. 1875-6, p. 79; April 1, 1S78, Code Amdts. 1R77-8. p.
88; February 28, 1887, Stats, and Amdts. 1887, p. 5; March 7,
1893, Stats, and Amdts. 1893, p. 84; March 16. 1895. Stats, and
Amdts. 1895, p. 57; March 9, 1897. Stats, and Amdts. 1897. p.
95; March 3, 1903, Stats, and Amdts. 1903, p. 78; March 3. 1905.
Stats, and Amdts. 1905, p. 36; March 22, 1907, Stats. ;ind Amdts.
1907, p. 886, Kerr's Stats, and Amdts. 1906-7, p. 427; February
20, 1909, Stats, and Amdts. 1909, p. 84.

See Kerr's Cyc. C. C. for 97 pars, annotation.
56 C. 631 (construed and applied); 57 C. 254, 255 (construed

1485



§ 2955 CIVIL CODE. [Div.III.Pt.IV.

and applied); 63 C 3, 4 (construed and applied with other sec-
tions); 63 C. 332, 333 (construed and applied); 71 C. 331, 334,
12 P. 228, 229 (construed and applied); 84 C. 201, 206, 23 P.
1081, 1082 (construed and applied); 91 C. 285, 286, 25 A. S. 178,
27 P. 656 (construed and applied); 91 C. 636, 639, 27 P. 1088,
1089 (construed and applied with other sections) ; 94 C. 523, 525,
29 P. 961 (construed and applied); 101 C. 9, 10, 35 P. 641 (con-
strued and applied); 104 C. 420, 426, 38 P. 92 (construed and
applied); 105 C. 467, 469, 470, 38 P. 1109 (construed and applied
with § 2924); 39 P. 1069, 1070, 1071, 1072 (construed and applied);
106 C. 673, 679, 39 P. 1071 (construed and applied); 107 C. 144,
147, 40 P. 37 (cited); 109 C. 197, 199, 201, 41 P. 1008 (construed
and applied); 112 C. 180, 184, 53 A. S. 201, 44 P. 484 (construed
and applied); 115 C. 89, 93, 47 P. 45 (construed and applied);
116 C. 81, 83, 58 A. S. 133, 47 P. 926 (construed and applied) ; 53 P.
911, 913 (construed with § 2957 — in case of articles enumerated in
§ 2955, recordation is substitute for delivery and change of pos-
session) ; 123 C. 231, 236, 55 P. 993 (construed and applied); 124
C. 321, 327, 330, 71 A. S. 68, 57 P. 76 (construed and applied with
other sections); 126 C. 201, 204, 58 P. 460 (construed and ap-
plied); 127 C. 290, 296, 297, 53 P. 911, 59 P. 827, 46 L. 371 (referred
to); 131 C. 605, 606, 607, 63 P. 924 (construed and applied); 133
C. 496, 498, 65 P. 1030 (construed and applied); 148 C. 262, 268,
113 A. S. 236, 82 P. 956, 2 L. N. S. 813, 7 A. C. 477 (improper
discrimination as to fixing- rates of interest and charges in
chattel mortgages on specified kinds of personal property is
violative of the constitution); 152 C. 488, 493, 92 P. 1017 (recorda-
tion is substitute for delivery and change of possession) ; 4
C. A. 630, 633, 89 P. 360, 361 (validity of mortgage upon water
stock); 51 F. 840, 851 (validity of chattel mortgage upon rolling
stock of railroad); 64 F. 450, 451 (validity of chattel mortgage
upon rolling stock of railroad under special provision, without
complying with §§2955, 2959 — modifying 51 F. 840, 851); 83 F.
965, 973 (effect of chattel mortgage on sheep — increase).

As to chattel mortgage on stock of goods, see 13 L. 390.

As to effect of chattel mortgage on fixtures, see 15 L. 56-63.

As to effect of mortgage of future crops as against creditors,
purchasers, and others, see 23 L. 465-467.

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

As to mortgage on chattels to be manufactured or acquired
as independent articles and not as increase or fruits of existing
property, see 18 L. 298-303.

As to mortgage on crops generally, see 10 L. 490.

As to property on which chattel mortgage may be given, see
3 L. 795.

As to sale or mortgage of future crops, see 23 L. 449-477.

As to what constitutes chattel mortgage, see 6 L. 641.

1486



Tit.XIV,ch.II,art.III.] FORM— VOID, WHEN. §§2956,2957

§2956. FORM OF PERSONAL MORTGAGE. A mortgage
of personal property may be made in substantially the fol-
lowing form:

This mortgage, made the day of , in the

year , by A B, of , by occupation a

mortgager, to C D, of , by occupation a

mortgagee, witnesseth:

That the mortgager mortgages to the mortgagee [here
describe the property], as security for the payment to him of

dollars, on [or before] the day of

in the year , with interest thereon [or, as security for

the payment of a note or obligation, describing it, etc.].

A B.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for IS pars, annotation.

63 C. 550, 551 (construed and applied with other sections): 91
C. 636, 639, 27 P. 1088, 1089 (construed and applied); 106 C. 673,
678, 39 P. 1071 (construed and applied); 40 P. 104, 105 (construed
and applied); 124 C. 321, 327, 330, 71 A. S. 68, 57 P. 76 (con-
strued and applied with other sections); 4 C. A. 630, 633, 89 P.
360, 361 (validity of mortgage upon water stock); 83 F. 964, 973
(invalidity of chattel mortgage upon growing crop unless
executed as prescribed by this section).

As to many miscellaneous matters as to mortgages, see note
§ 2920, ante.

As to conveying and encumbering property by general descrip-
tion, see 66 A. S. 59-62.

As to indefinite description of goods in chattel mortgage, see
72 A. D. 483.

As to sufficiency of description of property in chattel mort-
gage, see 14 A. S. 239-217.

§2957. WHEN VOID AS TO THIRD PERSONS. A mort-
gage of personal property is void as against creditors of the
mortgager and subsequent purchasers and encumbrancers of
the property in good faith and for value, unless:

1. It is accompanied by the affidavit of all the parties thereto
that it is made in good faith and without any design to hinder,
delay, or defraud creditors;

2. It is acknowledged or proved, certified, and recorded in
like manner as grants of real property.

Hiiitory: Enacted March 21, 1872.
1487



§ 2958 CIVIL CODE. [Div.III,Pt.IV.

See Kerr's Cyc. C. C. for 72 pars, annotation.

63 C. 550, 551, 552 (construed and applied); 67 C. 32, 34, 7 P.



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