Gilbank

This is an appeal from an order of the district court confirming an order of the referee in bankruptcy, holding that appellant does not have a lien on certain mining machinery in the possession of the bankrupt, a corporation organized under the laws of Nevada, because the conditional sales contract, under which the bankrupt buyer acquired the machinery and the appellant claims the lien, had not been recorded in the county in California in which the bankrupt was held to have resided, as required by Sections 2980 and 2959a of the California Civil Code.

Section 2980 provides: “Every conditional sales contract * * * of equipment and machinery used or to be used for mining purposes, must be * * * recorded within twenty (20) days after its execution in the office of the recorder of the county where the buyer * * * resides at the time he executes such contract * * * or in case the buyer * * * is a nonresident of this State, in the office of the recorder of the county or counties where the property involved is located at the time the contract • * * * is executed by the buyer * * * [it] shall also be recorded in every case in the county where the property is situated otherwise, it shall…