...Act (RSO, cap. 119), so far as it is now necessary to refer to it provides as follows : — Sec. 1. Every mortgage or conveyance intended to operate as a mortgage of goods and chattels. which is not accompanied, etc., shall be registered with the affidavit of the mortgagee, etc. Sec....

...instrument. The hank, however, was then a creditor of the lirm. The statute in force at the time provided, "That every mortgage or conveyance, intended to operate...delivery, and followed by an actual and continued possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor,...

...grantors or mortgagors, leaving proper blanks between each class of names for subsequent entries. § 1753. Every mortgage, or conveyance intended to operate...shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely...

...be restrained from making sale under his mortgage. The statute directs that every chattel mortgage which shall not be accompanied by an immediate delivery, and followed by an actual aud csmbined change of possession of the things mortCarrie e. Knight. gaged, shall, unless filed as...

...as follows : REGISTRATION OF CHATTEL MORTGAGES AND SALES OF GOODS WHERE POSSESSION IS UNCHANGED. 1. Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, made in Ontario, which is not accompanied by an immediate delivery, and an actual and continued change...

...in the Chicago Legal News, February 28, 1880. By the laws of New York every mortgage of chattels not accompanied by an immediate delivery, and followed by an actual and continued change of possession, is declared absolutely void as against creditors of the mortgagor and subsequent purchasers...

...of his Lordship Mr. Justice Cameron, in the Court below, for the instrument in question is not a " mortgage or conveyance intended to operate as a mortgage of goods and chattels." In order that an instrument may be avoided by the Chattel Mortgage Act, it must be strictly within...

...contemplated by the parties, and void as against the assignee. By the laws of New York it is provided that every mortgage or conveyance, intended to operate as a mortgage of goods and chattels, which should not be accompanied by an immediate delivery, and followed by an actual and continued change...

...passed in 1849. It was copied from the statute of the State of New York, of 1833, ch. 279, and enacted that every mortgage or conveyance intended to operate as a mortgage of goods and chattels, which should not be accompanied by an immediate delivery and be followed by an actual and continued...

...control thereof— to be conclusively fraudulent and void, as against creditors, unless such transfer Is accompanied by an Immediate delivery, and followed by an actual and continued change of possession. The court said to the Jury that the statute means, as declared by the supreme coxirt...