...certain facts. 98. Mortgage, how discharged of record. Section 90. Chattel mortgage to be filed. — Every mortgage or conveyance intended to operate as a mortgage of goods and chattels or of any canal boat, steam tug, scow or other craft, or the appurtenances thereto, navigating the...

...BUELL RICHARDS, J. TAYLOR ET AL. v. THE COMMERCIAL BANK. An assignment of goods, &c., to plaintiffs, accompanied by an immediate delivery and followed by an actual and continued change of possession of the goods transferred, is sufficient to give the assignment validity, and to protect...

...provides that it shall be the duty of the county clerk, upon the presentation for that purpose, of any mortgage or conveyance intended to operate as a mortgage of goods and chattels, or a copy of any such instrument, upon the payment of his fees, to endorse thereon the time of receiving...

...control thereof — to be conclusively fraudulent and void, as against creditors, unless such transfer is accompanied by an immediate delivery, and followed by an actual and continued change of possession. The court said to the jury that the statute means, as declared by the Supreme Court...

...ASSIGNOR — EFFECT — JUDGMENT CREDITORESTOPPEL. 1. Rev. St (9th Ed.) p. 2013, provides that any mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall not be accompanied by actual change of possession, shall be void, unless a copy of the mortgage be...

...consequently within the following provision of the Revised Statutes relating to chattel mortgages: "Every mortgage or conveyance intended to operate as a mortgage, of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery and be followed by an 184 LEFROIS...

...collateral security for a preexisting debt, and Is, in legal effect, a chattel mortgage, and, as it was not "accompanied by an immediate delivery, and followed...continued change of possession of the things mortgaged," it is void, under our Chattel Mortgage Act (Сотр. Stat. vol. 1, p. 463, § 4), as against the receiver...

...presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed...actual and continued change of possession of the things transferred, to be fraudulent, and therefore void against those who are his creditors while he remains...

...defendants is because the trial judge found as a fact that the mortgage was not accompanied by the Immediate delivery, and followed by an actual and continued change of possession, of the things described therein. As the mortgage was not recorded, our statute required such delivery and change...

...1. An uarecorded contract for the coiiditional sale of goods and chattels, accompanied by an actual delivery, and followed by an actual and continued change of possession of the things contracted to be sold, wherein it is provided that the ownership of such goods and chattels is to remain...