Sage

The defendants Newman and Rumsey appeal from that part of the judgment of foreclosure of a chattel mortgage entered herein which directs them to surrender possession of an automobile truck and orders the same to be sold.

The chattel mortgage covered the truck and other personal property. At the time the mortgage was executed the defendant Myron E. Sage was the sole owner of the truck. He and Mrs. M. G. Wilson joined in the execution of the mortgage. All the parties to the mortgage made the affidavit required by section 2957 of the Civil Code. Mrs. Wilson duly acknowledged her execution of the mortgage and the same was recorded. Sage did not acknowledge the execution of the instrument. Thereafter Sage sold the truck to appellants. The court found that appellants purchased the truck for value and without actual notice of the mortgage but that they had “constructive notice thereof by reason of said mortgage being recorded.” The facts are undisputed and the only question presented by the appeal is whether appellants were charged with constructive notice of the mortgage.

The affidavit accompanying the mortgage recites that the parties (naming them), “each being duly sworn, each for…