Kendall v. Hastings

The provisions of the statute relating to this case are as follows: “Possession of the mortgaged property must be delivered to and be retained by the mortgagee, or the mortgage must be recorded in the office of the clerk of the town in which the mortgagor resides at the time of making the same.” P. S., c. 140, s. 2. “No such mortgage shall be valid against any person except the mortgagor, Ms executors and administrators, unless possession is delivered or the'mortgage is sworn to and recorded in the manner herein prescribed.” P. S., c. 140, s. 12.

“So far as creditors are to be affected, the…