A Treatise On the Law of Mortgages And Conditional Sales of Personal Property in the State of New York : With Appendices of Statutes And of Forms

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395.
^Beale v. White, 94 TJ. S. 882; Williams v. Briggs, 11 E. I. 176. Pur- chasers with notice were held bound in Leland v. Collver, 34 Mich. 418; Amer. Cigar Co. v. Foster, 36 Mich.
368; Eobson v. Mich. Cent. E. E. Co., 37 Mich. 70 ; Gadwell v. Pray, 41 Mich. 307; McGee v. Fitzer, 37 Tex.
27. ' ' MORTGAGES OF FUTURE PROPERTY. 107 § 142. After the mortgagee takes possession his right, which was, previous to such possession, a mere equity, becomes a legal lien, and he can hold as against all su
...bsequent charges upon the property.' A claim to an equitable lien under an agreement im- posing a charge upon property to be acquired, cannot pre- vail against a judgment for the purchase -price of such after-acquired property.^ A chattel mortgage, if intended to cover after-acquired property, must express that intention, since it will not be presumed and cannot be shown by extrinsic evidence.^ The description must also be definite and certain.^ The words "stock of goods and all books of account and rights of credit arising out of said business" will not cover accounts subsequently accruing upon the sale of the goods by the mortgagor.^ § 143.

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