Griffith & Wedge v. Morrison

Citations

• 58 Tex. 46
• 1 Tex. L. R. 538
• 1882 Tex. LEXIS 205

Syllabus

<p>1. Conditional sale — Mortgage.— See this case for a transaction construed to have been originally a conditional sale of an engine and mill, but to have been subsequently changed into an absolute sale, with a mortgage from the purchaser to secure the purchase money.</p> <p>2. Chattel mortgage — Registration — Removal of chattels.—Under art. 4993, Pasch. Dig., a mortgage of personal chattels having been recorded in the county where the mortgagor resided, and where the chattels were situate, this record was constructive notice to subsequent purchasers, even though the property were removed to another county, record in such other county not being necessary unless the mortgagor should also remove there.</p> <p>3. Same.— The record continued to operate as notice although the purchaser bought after the act of April 22, 1879, took effect. • R. S., Appendix, pp. 15, 16.</p> <p>4. Power of sale—Notice.— A letter from the mortgagees authorizing the mortgagor to sell for cash did not give authority to barter, and a purchaser would be chargeable with notice of the extent of the power.</p>