A Treatise on Chattel Mortgages for Michigan

A Treatise on Chattel Mortgages for Michigan

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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. 1901 edition. Excerpt: ...525. 103 Redhead v. Pratt, 72 Iowa, 99; Coons v. Lemieu, 58 Minn. 99. 104 Walker v. White, 60 Mich. 427; Hayes v. Wescott, 91 Ala. 143; Weeden v. Hawes, 10 Conn. 50; Lyon v. Ballentine, 63 Mich. 97; Lund v. CONFLICT OF LAWS. 57. The law of the state where the property is situated at the time of the transfer governs the validity of a mortgage under the statutes of that state. lf there are no local statutes which are applicable, then the lex loci governs. The question whether a mortgage of chattels is fraudulent as to creditors of the mortgagor is determined, not 'by the law of the mortgagor's domicile, or by the lex loci, but by the statutes of the state where the property is situated at the time of the transfer; Fletcher, 39 Ark. 325; Barnet v. Fergus, 51 I1l. 352, 99 Am. Dec. 547; Donnell v. Eyern, 69 Mo. 468; Rocheleau v. Boyle, 11 Mont. 451; Cook v. Halsell, 65 Tex. 1; In re Kirkbridge, 5 Dill. 116; Henderson v. Hunton, 26 Grat. 926; Jos. Schlitz Brewing Co. v. Childs, 65 Minn. 409. See U. S. v. Bradley, 10 Pet. 343. Contra, Russell v. Winne, 37 N. Y. 591, 97 Am. D'ec. 755; Harman v. Hoskins, 56 Miss. 142; Wilson v. Voight, 9 Colo. 614; Claflin v. Foley, 22 W. Va. 434; Gallagher v. Rosenfield, 47 Minn. 507; Greeley v. Windsor, 1 S. D. 117, 618. All these cases to the contrary of the rule stated in the text involved a mortgage authorizing the mortgagor to remain in possession, with power to sell in the usual course of trade. 105 Hyslop v. Clarke, 14 Johns. 458; Mackie v. Cairns, 5 Cow. 547, 15 Am. Dec. 477. But see U. S. v. Bradley, 10 Pet. 343. if there are no statutes on the question in that state, then the lex loci governs.100 If valid by the lea: rei sitac, a subsequent removal of the property to another state...
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Product details

  • Paperback | 74 pages
  • 189 x 246 x 4mm | 150g
  • United States
  • English
  • black & white illustrations
  • 1236943651
  • 9781236943651