Bonestell

Appellant, in its petition for rehearing, calls our attention to section 2966 of the Civil Code, as it read prior to its amendment by the legislature in 1923 (Stats. 1923, p. 140), in relation to the removal of mortgaged property from the county in which it is situated at the time of the mortgage to some other county, and thus giving the right to take possession to the mortgagee, and insists that the tes *730 timony shows that the automobile involved in this transaction was removed from San Francisco to the county of Fresno, and the taking of possession by the appellant was consequently lawful. There are two reasons why this contention is untenable. The first is that the instrument in question does not come under the provisions of. the law relating to the execution of chattel mortgages in so far as the removal of property is concerned, or the recording of instruments are affected. The lien in this case existed only between the mortgagee and mortgagor by reason of the nature of the transaction, and not by reason of the statute relating to the form and manner of executing chattel mortgages. The second reason is that the instrument in question describes the home and place of…

Action in claim and delivery for the recovery of a touring automobile and damages for the detention thereof. Plaintiff had judgment for the recovery of the automobile and for the sum of $600 damages. The defendant appeals. The action was originally begun against the appellant herein and Clarence Nuss and George Graham. It was thereafter dismissed as to the defendant Graham and judgment entered only against the corporation.

The respondent makes several preliminary objections to the consideration of this case upon the merits which we think untenable, but are not set forth herein for the reason that they relate simply to the form of notices and dates, in *722 nowise helpful to the profession and would only extend the length of this opinion. We therefore proceed to a consideration of the ease upon its merits.

It appears from the transcript that one F. M. Chrisman, while the owner of the automobile involved in this action, being in need of money, applied to the defendant, Western Automotive Finance Corporation, for a loan of $1,000, and at the same time offering to secure the payment of the same by creating a lien upon an automobile, to wit, a HandleyKnight touring car model 1921,…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 721 Action in claim and delivery for the recovery of a touring automobile and damages for the detention thereof. Plaintiff had judgment for the recovery of the automobile and for the sum of $600 damages. The defendant appeals. The action was originally begun against the appellant herein and Clarence Nuss and George Graham. It was thereafter dismissed as to the defendant Graham and judgment entered only against the corporation. The respondent makes several preliminary objections to the consideration of this case upon the merits which we think untenable, but are not set forth herein for the reason that they relate simply to the form of notices and dates, in *Page 722 nowise helpful to the profession and would only extend the length of this opinion. We therefore proceed to a consideration of the case upon its merits. It appears from the transcript that one F. M. Chrisman, while the owner of the automobile involved in this action, being in need of money, applied to the defendant, Western Automotive Finance Corporation, for a loan of $1,000, and at…