Fraudulent Mortgages of Merchandise

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Excerpt from Fraudulent Mortgages of Merchandise: A Commentary on the American Phases of Twyne's Case This commentary is an outgrowth of the controversy which has distinguished the investigation, in the American courts, of the questions of the legal characteristics of mortgages on stocks of goods in trade, with power of sale reserved to the mortgager, and of the legal status and relations of the parties to such transactions. It will doubtless be generally understood that no treatment of these questions could be of much value, which should attempt to present the law upon the subject without entering into the controversy. For this reason, no apology is deemed necessary for the controversial character of much of this commentary. While entertaining decided views on the subject treated, the author has endeavored to present fairly those views of it with which he is not in accord, and to subject them to such criticism only as should tend to test their relation to the acknowledged fundamentals of our American jurisprudence. The difficulties which have caused the particular controversy are believed to lie deeper than its immediate subject. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.