Legal Opinion
Farmers Production Credit Assoc. v. Tarbox
Pennsylvania Court of Common Pleas
Decided May 15, 1944No. File No. 43802Published
1Opinion of the CourtCullinan, J.
Retention of possession of mortgaged chattels, generally speaking, invalidates the mortgage as to creditors and bona fide purchasers. Adler vs. Ammerman Furniture Co., 100 Conn. 223, 228. However, by virtue of section 1591c of the 1935 Supplement to the General Statutes, the validity of a chattel mortgage “upon livestock, farm machinery or farm equipment” is preserved, as to such third parties, when given and recorded in compliance with it, notwithstanding that possession of the mortgaged property is retained by the mortgagor. Hartford Production Credit Asso. vs. Clark, 118 Conn. 341, 343.
On…
2Cases cited7 opinions
- Patten v. SmithSupreme Court of Connecticut · 1823
- Flaxman v. Capitol City Press, Inc.Supreme Court of Connecticut · 1936
- Acacia Oil & Gas Co. v. Tidal Oil Co.Supreme Court of Oklahoma · 1923
- Adler v. Ammerman Furniture Co.Supreme Court of Connecticut · 1924
- Hartford Production Credit Asso. v. ClarkSupreme Court of Connecticut · 1934
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