Heft's Appeal

Citations

• 5 Sadler 573
• 19 W.N.C. 302
• 9 A. 87
• 19 Week. No. 302
• 1887 Pa. LEXIS 598

Syllabus

<p>Possession, on the part of a mortgagee of personal property, capable of actual, corporeal occupation, is essential to the validity of his lien as against other creditors.</p> <p>The death of the debtor gives to general creditors the right to deny the validity of such a mortgage when possession has not been taken in the debt- or’s lifetime.</p> <p>By the death of the debtor his personal estate in possession passes into the custody of the law for administration; and the mortgagee has no right to undertake to administer any part of it for the satisfaction of his own debt.</p> <p>But where the mortgagee in good faith intervenes, and in administration of the estate sells the pledge and settles an account of the proceeds, he is entitled to commissions, although he must pay interest for the proceeds in the meantime appz’opriated and used in his business, in the belief that they belong to himself.</p> <p>Cited in Carraeher’s Estate, 27 Pa. Co. Ct. 238.</p> <p>Note. — A chattel mortgage is not valid in Pennsylvazzia against creditors of the mortgagor without a change of possession (Welsh v. Bekey, 1 Penr. & W. 57; Modes's Estate, 76 Pa. 502; Widdall v. Garsed, 125 Pa. 358, 17 Atl. 418) ; unless such change is impossible (Fry v. Miller, 45 Pa. 441; Bismark Bldg. & L. Asso. v. Bolster, 92 Pa. 123); such as the mortgage of a legacy ■(Campbell’s Estate, 13 Pa. Co. Ct. 35, 2 Pa. Dist. R. 665). Though a change was practicable, and nozze takes place, the mortgage is good between the parties or as against purchasers with notice. Coble v. Nonemaker, 78 Pa. 501.</p>