Safford v. McNeil

It is admitted that the mortgage to the First National Bank was not executed “as mortgages of land in accordance with the laws of this State,” as required by §§ 5206 and 5208 of the General Statutes, which prescribe the terms on which valid mortgages of chattels retained in the possession of the mortgagor may be made. Nevertheless, the defendant claims that the record of this mortgage, covering both real and personal estate, was notice to the world of the fact of an equitable lien on the personalty attached, because § 5095 of the General Statutes provides that any instrument “intended as a…