Massachusetts Trust Co. v. Loon Lake Copper Co.

The appellee, Loon Lake Copper Company, executed to the appellant as trustee a mortgage upon certain real and personal property. The instrument was signed and acknowledged by the copper company by its president and secretary on November 27,1918. It was also signed by the president and secretary of the appellant, and by them acknowledged on November 29, 1918. It was not filed for record until December 11, 1918. The appeal brings before this court the single question whether or not by the delay in recording the instrument the personal property was released from the mortgage. Section 3780 of Remington’s Compiled Statutes of Washington makes void a mortgage of personal property as against creditors and subsequent lien-holders and purchasers, unless it is filed for record within 10 days “from the time of the execution thereof.” The appellant contends that the date of the execution of the mortgage was December 4, 1918, and that therefore the instrument was filed for record within the time limited by the statute. The court below found that the instrument was accepted by the appellant on or about November 27, 1918, and not later than November 29, 1918, and that not later than the latter…