A Treatise On the Law of Mortgages On Personal Property

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Inman, 42 Hun, 265. necessary to keep the mortgage a contin- Conditional sales are to be filed as chat- ning security. In re Canal-boat Indepen- tel mortgages, 4 R. S. 1889, 8th ed., dence, 9 Ben. 395. See § 286.
P- 2522. Under this statute a refiling is not efiFec- 1 4 R. S. 1889, p. 2510, being act of tual unless a statement exhibiting the in- April 28, 1864. The provisions of the terest of the mortgagee be filed with the act of 1833, BO far as they applied to mortgage or the copy of it. Mars
...den v.
canal-boats, were superseded by those of Cornell, 62 N. Y. 215.
the act of 1864, and the filing of such Want of immediate delivery and change mortgages depends wholly upon the latter of possession raises not merely a presurap- act. This act has never been amended, as tion of fraud, which may be rebutted, but has the act of 1833, so as to require a copy makes the alleged lien absolutely void.
256 RELATING TO EECOBDING, ETC. [§§ 222, 222 a.
mortgage which shall not be accompanied by an immediate deliv- ery, and followed by an actual and continued change of possession of the property mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be so filed.


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