Newton Oil & Manufacturing Co. v. Carr

Citations

• 97 Miss. 234
• 52 So. 353

Syllabus

<p>Fraudulent Conveyances. Mortgage on stoch of merchandise. Bales by mortgagor. Mortgagee’s consent. Evidence.</p> <p>A mortgage executed by a merchant upon his stock of goods, wares and merchandise is not void on its face as to creditors of the mortgagor, where it does not authorize sales by him; but sales of the mortgaged property, made by the consent of the mortgagee given at the time the deed was executed, render the instrument void as to said creditors, and such sales, and consent may be proved aliunde the mortgage.</p>