Scales v. . Fewell

The defendant justified as a constable under two executions issuing on judgments obtained after the date of the deed of trust, and contended below that the paper, not having been registered within fifty days, under the act of 1715, ch. 38, was void as against creditors.

The jury was instructed that this instrument was not a mortgage, so as to require registration under the act of 1715.

Verdict for plaintiff; new trial refused; judgment, and appeal. The instrument under which the plaintiff claims title is a bill of sale, to the validity of which registration within twelve months is made…