Meherin v. Oaks

The question involved in this appeal arises under section 2957 of the Civil Code, which reads as follows:—

“ A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and encumbrances 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.”

The chattel mortgage was properly executed by Jones,…