Haupt

On May 4, 1933, the bankrupt, which was engaged in a general trucking business, entered into what was called a conditional sales contract by which the bankrupt purported to purchase from the appellant Haupt the property then owned by the bankrupt. The possession of the property both before and after the sale remained in the bankrupt. The conditional sales contract was in effect a chattel mortgage. 5 Cal. Jur. 80, § 31; Bonestell v. Western Auto-Motive Finance Corp., 69 Cal. App. 719 , 232 P. 734 ; Pacific Finance Co. v. Hendley, 103 Cal. App. 335 , 284 P. 736 , 285 P. 1048 ; Mercantile Acceptance Corp. v. Pioneer Co, 124 Cal. App. 593 , 12 P.(2d) 988. It was not executed in conformity with the law of California because it did’not conform to the provisions of section 2957 of the Civil Code of California which requires a mortgage to be accompanied by the affidavits of both parties that it is made in good faith, and also that it be acknowledged and recorded in like maimer as grants of real property. The chattel mortgage was therefore void as to creditors, although valid as between the parties. Section 2973, Civ. Code Cal.; Lemon v. Wolff, 121 Cal. 272 , 53 P. 801 ; Adlard v. Rodgers,…