 | Law - 1876 - 860 pages
...mortgagor retained possession and control. This is all that theses cases amount to. "If it be said that fraud is a necessary result of the deed, all I can...how creditors can be defrauded in such a case, when they are told in the deed itself that the debtor has no credit and no property that he can call his... | |
 | Law - 1881 - 982 pages
...pleaded the language of the negative witnesses themselves. Judge Lowell said, in Brett v. Carter, 2 " If it be said that this is one of those cases in which...an ultimate fact of observation and experience, and / ant unable to see the necessity." Judge Story said, in Mitchell -v. Winslow :' " I am not aware of... | |
 | Law - 1881 - 1014 pages
...pleaded the language of the negative witnesses themselves. Judge Lowell said, in Brett v. Carter, 2 " If it be said that this is one of those cases in which...an ultimate fact of observation and experience, and / am unable to see the necessity." Judge Story said, in Mitchell v. Winslow : i " I am not aware of... | |
 | Law - 1876 - 870 pages
...mortgagor retained possession and control. This is all that thoses cases amount to. "If it be said that fraud is a necessary result of the deed, all I can...how creditors can be defrauded in such a case, when they are told in the deed itself that the debtor has no credit and no propeity that he can call his... | |
 | George Washington Kirchwey - Mortgages - 1917 - 804 pages
...the defendant. I would refer in this connection to the very able opinions of Judge Dillon in Hughs v. Cory, 20 Iowa, 399, and of Judge Campbell in Gay...how creditors can be defrauded in such a case, when they are told in the deed itself that the debtor has no credit and no property that he can call his... | |
 | George Washington Kirchwey - Mortgages - 1917 - 792 pages
...decisions in New York, and give reasons for that refusal, which, in my judgment, are unanswerable. an ultimate fact of observation and experience, and...how creditors can be defrauded in such a case, when they are told in the deed itself that the debtor has no credit and no property that he can call his... | |
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It is plain that such a doctrine virtually prevents a trader from mortgaging his stock at any time for any useful purpose ; for if he cannot sell in the ordinary course of trade, or only as the trustee and agent of the mortgagee, he might as well give... 