Moffat v. Beeler

Citations

• 91 Kan. 209
• 137 P. 963
• 1914 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgage — Not Filed — No Open Change of Possession — Void. Under the statute requiring a chattel mortgage- or a copy of it to be filed with the register of deeds, unless it is followed by an actual change of possession in order to excuse the omission to file, the change of possession must be of such character as to be open to observation.</p> <p>2. Same — Constructive Change of Possession — Not Sufficient. The fact that the mortgaged chattels are already in the hands of the holder of a prior mortgage, who agrees to hold possession also for the benefit of the second mortgagee, does not dispense with the necessity of a record, as against creditors.</p>