PEIOKITY OF THE MORTGAGE LIEN. 113 



edge of prior mortgages on a part of them, is estopped from 

 denying the vaHdity of such mortgages by reason of uncer- 

 tainty in the description of the sheep mortgaged.^*^ 



Where the mortgagor is given the right to dispose of the 

 stock from time to time as the cattle become fit for beef and 

 the horses unproductive and useless and to apply the proceeds 

 to his own use and benefit, the mortgage is void as against 

 attaching creditors.^*' And where, with the mortgagee's 

 consent, some of the mortgaged animals are exchanged for 

 others, the mortgagee's right to the latter is equitaWe only 

 and does not afifect attaching creditors.^** 



The lien of a mortgage on animals is not transferred to the 

 purchase price therefor in the hands of one to whom the 

 mortgagor sells them under authority of the mortgagee to 

 sell and turn over the proceeds to the latter. The lien is lost 

 and extinguished by such sale and the unpaid purchase money 

 may be attached by the mortgagor's creditors.^*® 



"' Cox V. Beck, 83 Fed. Rep. 269. 



"' Roberts v. Johnson, 5 Colo. App. 406. 



'"'Alferitz v. Perkins, 122 Cal. 391. "'" Maier v. Freeman, 112 Cal. 8. 



