Reports of Cases Adjudged in the Supreme Court of Pennsylvania Volume 5 by Pennsylvania Supreme Court
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Author: Pennsylvania Supreme Court
Page Count: 218 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: Pdf
ISBN: 9781130651423
Download Link: Reports of Cases Adjudged in the Supreme Court of Pennsylvania Volume 5
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 Excerpt: ...was once the owner of goods continues the owner, until he parts with the possession. Indeed if this instrument binds these goods, a parol executory agreement would equally bind them: an agreement to give the goods in security. I know not any doctrine that would tend to annihilate all credit, more than the establishment of such a princi-/ pie. A contract such as this, where the possession of goods /' is to remain in one man, while the right remains in another, is, as to all third persons, fraudulent. The security by mortgage of lands, depends on the title and on the registry; of a mortgagee or pawnee of personal property, on the right of the mortgagor or pawnor, and on the delivery of the chattel mortgaged or pledged; the custody and possession of which is to remain in him, be detained by him, as a security for his debt. It therefore appears to me, that by the principles of the common law, and the settled construction of the statutes of Elizabeth, to a mortgage of chattels, delivery is necessary; that every such mortgage, when the parties stand in the relation of debtor and creditor, unaccompanied with such possession as the subject matter is capable of, is fraudulent and void against all other creditors, whether the debts were contracted antecedent or subsequent to the mortgage. Judgment affirmed. 1819. Pitttburgh. Thompson against Morrow. In Error. Monday, September 6. THIS was a writ of error to the Court of Common A wife is Pleas of Allegheney county, in an action of dower brought er iowlr by Elizabeth Thompson widow of Moses Thompson deceased, ? conveyance., n which she against William Morrow, in which two bills of exceptions joins with her were taken by the plaintiff in the Court below. IhSb"-pri vately exam This case had ...
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