Boyer v. Howland

Citations

• 21 Ohio C.C. Dec. 139

Syllabus

<p>CHATTEL MORTGAGES — CONDITIONAL SALES.</p> <p>1. Lien of Chattel Mortgage Cannot be Revived after Failure to Refile.</p> <p>Where a chattel mortgage expires without payment having been made and it is not refiled within thirty days pursuant to Sec. 4155 Rev. Stat., the lien becomes dead, and it cannot be revived to the injury of creditors by the mortgagee taking possession of the property.</p> <p>2. Literal Compliance with Statutory Provisions as to Conditional Sales ■ Required.</p> <p>The policy of this state requires literal compliance with statutory provisions with reference to conditional sales (Sec. 4155-2 Rev. Stat.), and omission by the vendee to file an affidavit with his claim in the office of the county recorder renders the lien of the vendor under the conditional contract invalid.</p> <p>[Syllabus approved by the court.]</p> <p>Note — Later, the court held that the lien of the vendor under the conditional contract was invalid. The policy of the state requires, literal compliance with the statute (Sec. 4155-2), although seemingly working injustice in this case. — Ed.</p>