A. Einstein's Sons v. Shouse

Citations

• 24 Fla. 490

Syllabus

<p>1. The word “proving” in section 1, p. 213, McC’s. Digest, as to the admission of chattel mortgages to record, includes an acknowledgment of the instrument for record by the makers before a proper officer.</p> <p>2. A substantial compliance with the requirements of statutes governing the acknowledgment or proof of the execution of instruments for the purpose of having them recorded, is sufficient.</p> <p>3. An acknowledgment made in this State by the makers of a chattel mortgage of “the foregoing instrument by them signed, to be their free act,” such instrument also appearing upon its face by the attestation clause to have been “delivered,” is a sufficient acknowledgment of both the signing and delivering to entitle such instrument to be recorded.</p> <p>4. A voluntary assignee for the benefit of creditors, who is in possession under the deed of assignment, can not resist a foreclosure of a chattel mortgage made by his assignors, on the ground that there was an agreement between such mortgagors and the mortgagees authorizing the mortgagors to remain in possession and sell the goods mortgaged without accounting to the mortgagees for the proceeds of the same. The act of 1881 (chapter 8241) §72, p. 829, McC’s. Digest, does not change this rule.</p>