Rudolph Wurlitzer Co. v. Title Guarantee & Trust Co.

*183OPINION

By HAMILTON, PJ.

The trust indenture or mortgage covered after acquired property. The law is, that under a mortgage on after acquired property the taking possession of the property is necessary to perfect the lien on the property under mortgage, and is, therefore, junior to intervening liens of third persons acquired prior to the taking of possession.

The Rudolph Wurlitzer Company’s instrument was filed prior to the taking possession of the property , by The Title Guarantee & Trust Company under its mortgage on the after acquired property. Therefore, if the claimed mortgage of the…