Cases Decided in the Supreme Court of the Cape of Good Hope [august, 1857]

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J. Brand, — for the Plaintiffs, — contended that to admit any right of re- tention of this deed of transfer against creditors, or to allow any right of preference by virtue of such a pledge on the immoveable property of the estate, would be in effect to constitute a mortgage on immoveable property by a mere private transaction, — and a virtual abrogation of the Placaat of Charles V, of 1528, (Voet XX, 1, 9,) which requires that all special conventional hypothecs of immoveable property shall be ...publicly executed coram lege loci, — and if not so executed, shall be null and void. This was formerly done before the members of the Court of Justice, — but since 1828, 19 by Orel. 39, all sucli mortgages must be executed 1857.
before the Registrar of Deeds. The Defendants could """ " not by law claim any preference whatever in right of ™™Jj,^ ° their possession of the deed of transfer, unless the law ,,.
were set at nought, and were bound to hand it to the preuss and Plaintiffs for the purposes of the estate.


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