Snyder v. First Nat. Bank of Austin
| Decision Date | 25 September 1895 |
| Parties | SNYDER et al. v. FIRST NAT. BANK OF AUSTIN. |
| Court | Texas Court of Appeals |
We adhere to the former disposition made of this case, and overrule the motion for rehearing. With reference to the point, urged by appellee, that the mortgage of McGown is void because not recorded in Travis county, the residence of the mortgagor, Terry, we can dispose of it by saying that there are no pleadings of appellee questioning the validity of the mortgage for this reason. And it appears, from the case as made by the record, that appellee's mortgage was acquired subsequent to that of McGown, with notice of such prior mortgage. The statute1 declares that chattel mortgages are void, when not deposited with, and filed in the office of, the county clerk of the county where the mortgagor resides, against the claims of subsequent mortgagees in good faith. The appellee had actual notice of the existence of McGown's mortgage when it acquired its subsequent mortgage. Acquiring its mortgage with notice of the prior claim of intervener, McGown, is inconsistent with good faith in so far as the rights of the intervener are concerned. The mortgage, though not recorded or filed and deposited with the clerk, is good as between the parties to it, and is only inoperative and void when its superiority is urged against the claim of a subsequent mortgagee in good faith. Good faith means, not merely the acquisition of a right for a consideration, but without notice of the adverse claims of others. 8 Am. & Eng. Enc. Law, 1361. Appellee does not fall within this class.
1. Sayles' Civ. St. art. 3190b, § 1, makes a chattel mortgage void, as to subsequent "mortgagees and lienholders in good faith," unless the mortgage is filed with the clerk of the county of which the mortgagor, if a resident of this state, is at the time a resident.
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