The American State Reports, 1899, Vol. 66: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "american Decision

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Excerpt from The American State Reports, 1899, Vol. 66: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" And the "American Reports, " Decided in the Courts of Last Resort of the Several States, Selected, Reported, and AnnotatedIt would seem that a great number of the cases cited from other states, tending to support appellant's contention as to the priority of a statutory lien over a' contract lien, may be distin guished from the principle we deem controlling in this state. In many jurisdictions 11 where these decisions are found, a chat tel mortgage carries with it title to the property and the imme diate right of possession. In this state there is no such law, either as to the title or the right of possession. As the law stands in those states, the mortgagor by consent retaining pos session oi the property, the courts seem to hold that repairs necessary for its preservation, when ordered by the mortgagor in possession, being made upon the mortgagee's property, are deemed in equity to be made at his request. It may be said that in such cases the question is hardly one of priority of liens.The remaining contention relied upon by appellant has no substantial merit.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis 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.