Cowan v. Dale

Tbe chattel mortgage did not create a preference within tbe meaning of C. S., 1611; but tbe plaintiff asserts tbat in effect it was an assignment for tbe benefit of creditors and void because tbe trustees or mortgagees did not file an inventory as required by section 1610. It bas been beld tbat where one who is insolvent makes a mortgage of practically all bis property to secure one or more preexisting debts tbe instrument will be considered an assignment and tbe result will not be changed by tbe omission of a small part of bis property; but to apply tbis doctrine it is necessary to show tbat…