Reese v. Taylor
Supreme Court of Florida
Appeal from the Circuit Court for Washington county. The facts of the case are stated in the opinion of the court. STATEMENT OE CASE. The respondent who was complainant below filed his bill to foreclose a chattel mortgage. This mortgage was executed April 24th, 1886, the debt it was intended to secure became due November 15th, 1886, but no attempt was made to record the mortgage until February 28th, 18S7, the day the bill of complaint was filed.
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Appeal from the Circuit Court for Washington county. The facts of the case are stated in the opinion of the court. STATEMENT OE CASE. The respondent who was complainant below filed his bill to foreclose a chattel mortgage. This mortgage was executed April 24th, 1886, the debt it was intended to secure became due November 15th, 1886, but no attempt was made to record the mortgage until February 28th, 18S7, the day the bill of complaint was filed. The defendant by demurrer to the bill and bv plea endeavored to avail himself of the failure to record the mortgage, but the court overruled both…
1Opinion of the Court
Maxwell, J.:
Our statute in reference to chattel mortgages provides that no mortgage of personal property shall be effectual or valid to any purpose whatever, unless such mortgage shall be recorded in the office of records for the county in which the mortgaged property shall be at the time of the execution of the mortgage, unless the mortgaged ptoperty be delivered at the time of execution of the mortgage, or within twenty days thereafter, to the mortgagee,-and shall continue to remain truly and bona fide in his possession,” McClellan’s Dig., section 1, p. 213. This in *287the original act of 1828…
2Cases cited1 opinion
- Weed v. StandleySupreme Court of Florida · 1867
3Cited by3 opinions
- Howell v. Commercial Bank (Ocala Branch) a Corp.Supreme Court of Florida · 1906
- Southern Bank & Trust Co. v. MathersSupreme Court of Florida · 1925
- Hope v. JohnstonSupreme Court of Florida · 1891