Williams v. Bresnahan

This is an action of replevin brought to recover possession of certa n saloon fixtures.

The plaintiff had a chattel mortgage on the property dated August 2, 1886, executed by one Marston, and filed on the same day.

John Fitzgerald held a mortgage on the same property, *635executed also by Marston on the first day of June, 1886, which was not filed until the fourth day of August following.

Each of these mortgages contained a provision that in case the mortgagor sold, assigned, or attempted to sell or assign, the mortgaged property, the mortgagee might take possesssion of the property, or any part…