Kohl v. Lynn

Campbell, J:

Lynn, who had a chattel mortgage against certain horses and a wagon (with other property), executed to him by one-Brown, replevied them from Kohl, who had bought them on credit from Brown, without notice of Lynn’s mortgage, which-was not properly recorded.

Upon the trial in the court below, the parties both took somewhat extreme grounds, Kohl insisting as a purchaser in good faith that Lynn’s mortgage was void for want of record, and Lynn claiming that his title had become absolute and beyond redemption.

*361The statute which makes a mortgage of chattels, which has not been recorded,…