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· 1/15/1889

Reese v. Taylor

Citations

  • 25 Fla. 283

Syllabus

<p>1. Under tlie statute which provides that “no mortgage of personal property shall be effectual or valid to any purpose whatsoever,” if the mortgage is not recorded, unless the property be delivered within twenty days after the execution of the mortgage, it is invalid as well against the mortgagors as all others if there be neither delivery nor record; but no time being prescribed within which the record shall be made it will be sufficient as against the mortgagor, though made after the debt is due, if made before suit for foreclosure, and there are no circumstances, such as un-. reasonable delay, on the death of the mortgagor after undue lapse of time denoting laches, nor any fraud to impeach the transac. tion.</p> <p>%. The limitation of twenty clays for the delivery of the property does not fix a limitation within which the record shall he made.</p>

Judges: Maxwell

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