sons subsequently deriving title to the mortgage from the assignor. En. March 21, 1872. Am'd. 1873-4, 261. Cal.Rep.Cit. 109, 49; 120, 241; 120, 242.

$2935.

Recording assignment of mortgage not notice to mortgagor. When the mortgage is executed as security for money due, or to become due, on a promissory note, bond, or other instrument, designated in the mortgage, the record of the assignment of the mortgage is not, of itself, notice to a mortgagor, his heirs, or personal representatives, so as to invalidate any payment made by them, or either of them, to the person holding such note, bond, or other instrument. En. March 21, 1872. Am'd. 1873-4, 261.

Cal.Rep.Cit. 120, 242; 136, 316.

The

§ 2936. Mortgage passes by assignment of debt. assignment of a debt secured by mortgage carries with it the security. En. March 21, 1872.

Cal.Rep.Cit. 88, 327; 93, 117; 109, 48.

§ 2937. Time allowed for filing mortgage for record. (Repealed.) En. March 21, 1872. Rep. 1873-4, 261. Cal.Rep.Cit. 46, 607; 46, 608; 46, 609; 127, 309.

§ 2938. Mortgage, how discharged. A recorded mortgage may be discharged by an entry in the margin of the record thereof, signed by the mortgagee, or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the recorder, who must certify the acknowledgment in form substantially as follows: "Signed and acknowledged before me, this

§ 2939. Same. A recorded mortgage, if not discharged as provided in the preceding section, must be discharged upon the record by the officer having custody thereof, on the presentation to him of a certificate signed by the mortgagee, his personal representatives, or assigns, acknowledged or proved and certified as prescribed by the chapter on recording transfers, stating that the mortgage has been paid, satisfied, or discharged. En. March 21, 1872.

Foreign ex

§ 29392. Discharge by foreign executors. ecutors and administrators may satisfy mortgages upon the records of any county in this state, upon producing and recording in the office of the county recorder of the county in which such mortgage is recorded, a duly certified and authenticated copy of their letters testamentary or of administration, and which certificate shall also recite that said letters have not been revoked. En. Stats. 1895, 29.

§ 2940. Certificate and record of discharge. A certificate of the discharge of a mortgage, and the proof or acknowledgment thereof, must be recorded at length, and a reference made in the record to the book and page where the mortgage is recorded, and in the minute of the discharge made upon the record of the mortgage to the book and page where the discharge is recorded. En. March 21, 1872.

§ 2941. Duty of mortgagee on satisfaction of mortgage. When any mortgage has been satisfied, the mortgagee or his assignee must immediately, on demand of the mortgagor, execute, acknowledge, and deliver to him a certificate of the discharge thereof, so as to entitle it to be recorded, or he must enter satisfaction, or cause satisfaction of such mortgage to be entered of record; and any mortgagee, or assignee of such mortgagee, who refuses to execute, acknowledge, and deliver to the mortgagor the certificate of discharge, or to enter satisfaction or cause satisfaction of the mortgage to be entered, as provided in this chapter, is liable to the mortgagor, or his grantee or heirs, for all damages which he or they may sustain by reason of such refusal, and shall also forfeit to him or them the sum of one hundred dollars. En. March 21, 1872. Am'd. 1873-4, 261; 1880, 11.

Cal.Rep.Cit. 106, 200; 106, 201.

$ 2942.

Provisions of this chapter do not affect bottomry or respondentia. Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by any of the provisions of this chapter. En. March 21, 1872. Bottomry: See secs. 3017 et seq., post. Respondentia: See secs. 3036 et seq., post.

§ 2947. § 2948. 2949. § 2950.

§ 2951.

ARTICLE II.

MORTGAGES OF REAL PROPERTY.

What real property may be mortgaged.
Form of mortgage.

What must be recorded as a mortgage. (Repealed.)
Defeasance, to affect grant absolute on its face, must be
recorded.

By whom paid after property passes by succession or will. (Repealed.)

§ 2952.

May be recorded.

Any

§ 2947. What real property may be mortgaged. interest in real property which is capable of being transferred may be mortgaged. En. March 21, 1872.

Cal. Rep.Cit. 75, 106; 99, 548; 122, 627; 124, 329; 131, 606. See sec. 1045, ante.

Property held adversely may be mortgaged: Ante, sec.

2921.

§ 2948. Form of mortgage. A mortgage of real property may be made in substantially the following form: "This mortgage, made the

by A B, of

gagee, witnesseth:

of

day of mortgagor, to C D, of

in the year

"That the mortgagor mortgages to the mortgagee [here describe the property], as security for the payment to him dollars, on [or before] the day of —, in the with interest thereon [or as security for the payment of an obligation, describing it, etc.]. A B." En. March 21, 1872.

year

Cal.Rep.Cit. 67, 275; 124, 329.

Deed absolute in form construed as a mortgage: See secs. 2924, 2925, ante, and see sec. 2950, post.

§ 2949. What must be recorded as a mortgage. (Repealed.) En. March 21, 1872. Rep. 1873-4, 262.

Cal.Rep.Cit. 124, 329.

§ 2950. Defeasance, to affect grant absolute on its face, must be recorded. When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance,

duly executed and acknowledged, shall have been recorded in the office of the county recorder of the county where the property is situated. En. March 21, 1872.

Cal.Rep.Cit. 119, 21;124, 327.

See sec. 1217, ante.

Deed absolute on its face, when a mortgage: See secs. 2924, 2925, 2950.

§ 2951. By whom paid after property passes by suc cession or will. (Repealed.) En. March 21, 1872. Rep.

1873-4, 262.

Cal.Rep.Cit. 64, 274; 124, 327.

§ 2952. May be recorded.

Mortgages of real property

may be acknowledged or proved, certified and recorded, in like manner and with like effect as grants thereof. En. March 21, 1872. Am'd. 1873-4, 262.

Cal.Rep.Cit. 46, 607; 46, 608; 109, 49; 124, 327; 124, 329.
See secs. 1169-1172 and 1213-1217, ante.

Fees for acknowledgment and recording: Pol. Code, secs. 798, 4235, 4245.

Mortgages recorded in separate set of books: Sec. 1171,

ante.

2955.

§ 2956.

§ 2957.

2958. 2959.

2960.

ARTICLE III.

MORTGAGE OF PERSONAL PROPERTY.

What personal property may be mortgaged.
Form of personal mortgage.

When void as to third persons.

Mortgage of ships, when void as to third persons.
Where recorded.

Property in transit, where to be recorded.

2961. Property of a common carrier, where to be recorded. 2962. Recorded in different places.

2963. Personal mortgage may be recorded.

2964.

2965.

2966.

2967.

2968.

2969.

2970.

2971.

2972.

Certified copies may be recorded, when.

Property exempt from effect of mortgage, when.
May be taken by mortgagee as a pledge, when.
How foreclosed.

Mortgage property may be levied upon.
Limitations on right of levy.

Distribution of proceeds of sale under process.

Sections not applicable to mortgage of certain ships.
Lien of a mortgage on growing crop.

§ 2955. What personal property may be mortgaged. Mortgages may be made upon the following personal property, and none other:

First-Locomotives, engines, and other rolling stock of

a railroad.

Second-Steamboat machinery, the machinery used by machinists, foundrymen, and mechanics.

Third-Steam engines and boilers.

Fourth-Mining machinery.

Fifth-Printing presses and material.
Sixth-Professional libraries.

Seventh-Instruments of surveyors, physicians, and den

tists.

Eighth-Upholstery, furniture and household goods.
Ninth Oil paintings, pictures and works of art.
Tenth-All growing crops, including grapes and fruit.
Eleventh-Vessels of more than five tons burden.

Twelfth-Instruments, negatives, furniture and fixtures of a photograph gallery.

Thirteenth-The machinery, casks, pipes, tubes and utensils used in the manufacture or storage of wine, fruit brandy, fruit syrups or sugar; also wines, fruit brandy, fruit syrup, or sugar, with the cooperage in which the same are contained.

Fourteenth-Pianos and organs.

Fifteenth-Iron and steel safes.

Sixteenth-Cattle, horses, mules, swine, sheep, and goats, and the increase thereof.

Seventeenth-Harvesters, threshing outfits, hay presses, wagons, farming implements, and the equipments of a livery stable, including buggies, carriages, harness, robes. Eighteenth-Abstract systems, books, maps, papers, and slips of searchers of records.

Nineteenth-Raisins and dried fruits, cured or in process of being cured. Also all boxes, fruit graders, drying trays and fruit ladders. En. March 21, 1872. Am'd. 1875-6, 79; 1877-8, 88; 1887, 5; 1893, 84; 1895, 57; 1897, 95; 1903, 78. Cal. Rep.Cit. 56, 631; 57, 255; 63, 71, 334; 84, 206; 104, 26; 105, 469; 105, 470; 106, 679; 107, 147; 109, 199; 109, 201; 112, 184; 124, 330; 127, 297; 131, 606; 131, 607. Subd. 594, 525. Subd. 8-63, 333; 91, 286; 101, 10. Subd. 991, 639. Subd. 10-115, 93; 123, 236; 124, 327. Subd. 16-116, 83; 126, 204; 133, 498.

4;

Removal of property from mortgaged premises, when larceny: See Pen. Code, sec. 5022.