Revised Laws, Minnesota, 1905

Revised Laws, Minnesota, 1905

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... if, when made, it be not satisfactory to the creditor procuring such levy, the sheriff shall cause such homestead to be set apart by a survey, beginning at a point designated by the claimant, or, if no such designation be made, at such point as the sheriff shall direct, and the cost of such survey shall be added to the debt and paid out of the proceeds of sale. (5523, 5524) The selection must be reasonable and the tract carved out regular and compact in shape. The dwelling-house and appurtenances must be included (61-238, 63+632. See 70-546, 73+842). It will be presumed that an officer making a selection discharged his duty (91-482, 92+463). CHAPTER 67 CHATTEL MORTGAGES AND CONDITIONAL SALES CHATTEL MORTGAGES 3461. Mortgages, when void--Every mortgage of personal property shall be void, as against the creditors of the mortgagor and subsequent purchasers and incumbrancers of the property in good faith, unless it appears that such mortgage was executed in good faith, and not for the purpose of hindering, delaying, or defrauding any creditor of the mortgagor, and unless, in addition thereto, the giving of such mortgage is accompanied by immediate delivery, and followed by actual and continued change of possession of the mortgaged property, or, in lieu thereof, the mortgage is filed as hereinafter provided. ('97 c. 292 s. 1) 1. What must be filed--All forms of chattel mortgages, including those of an equible nature, must be filed (37-82, 33+117; 35-399, 29+52; 68-282. 71+389; 51-321, 53+712). A real estate mortgage covering "fixtures" need not be filed as a chattel mortgage (35-543, 29+349). 2. What constitutes filing--Under G. S. 1878 c. 39 it was held that a mortgage was filed when it was delivered to and received and kept by more

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  • Paperback
  • 189 x 246 x 48mm | 1,665g
  • United States
  • English
  • black & white illustrations
  • 1236823745
  • 9781236823748