The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-07-17
written for THE PROGRESSIVE FARMER.
POPULAR TALKS ON LAW.
Chattel Mortgages.
BY WIN. @. sPRAGUE.

something more, as an interest IN lane
less than a freehold. The word ''chat-
tel" is from the Latin through the
French, meaning primarily beasts of
husbandry. Finally the term came to
be applied not only to beasts, but to
all things movable.
A chattel mortgage is a mortgage of
a chattel. Although originally a mort
gage was a transfer of the property as
security for the debt, it is now regarded
not as q conveyance, but as a mere
lien or encumbrance upon the property
for the payment of the debt or the per-
Torrance of some other pecuniary OBJ
legation.
Chattel mortgages are known and
recognized by the laws of all the States
except Louisiana, the statutes varying
in minor though important particulars.
In most States it is provided that I'M
less a mortgage be recorded OF fled in
some public office, the purchaser of the
chattel secured by the mortgage is not
affected thereby. And SO it is held in
some States, that a mortgage so re-
corded must be renewed within a GER
tain time, or the validity of the record
as notice to the world is destroyed. A
mortgage need not be renewed, how
ever, in the States of Alabama, Ari-
IONA, Arkansas, California, Connecti-
cut, District of Columbia, Florida,
Georgia, Indiana, Iowa, Kentucky,
Maine, Maryland, Massachusetts, Mis-
sissipppi, Missouri, Nevada, New
Hampshire, New Jersey, North Caro-
lima, Rhode Island, South Carolina,
Tennessee, Texas, Vermont, Virginia,
Washington, West Virginia.
In Colorado the mortgage must be
promptly renewed at maturity.
In Delaware it must be renewed
every three years.
In Kansas, it must be II newed with
in thirty days preceding the expiration
of n year, and each year thereafter.
In Illinois it is not good for a period
to exceed two years, unless within
thirty days next preceding the matur-
ity of the obligation, there be an aft
davit filed showing the amount re-
manning due, and that the time of the
mortgage is to be extended, that extern
sion being for a period not to exceed
two years. The mortgage must file
within the said preceding thirty days,
certified copy of the affidavit with the
justice of the peace before whom the
mortgage was recorded.
In Indian Territory, if the mortgage
is recorded no renewal is necessary if
it is only filed and not recorded, within
thirty days before the expiration of one
year there must be filed an affidavit of
non-payment, to be notice to third
parties.
In Kentucky a ch2ttel mortgage is
good without renewal for fifteen years.
In order for a chattel mortgage to be
good in Michigan as against third par
ties, after one year from the filing of
the same, an affidavit of renewal must
be attached to and filed with the mort
gage within thirty days next preceding
the expiration of the year. Mortgages
are good in this State for six years.
In Minnesota there must be a renewal
two years after the demand is due,
and annually thereafter.
In Montana a chattel mortgage must
be renewed at or before maturity. It
can only be drawn for n year, and
must be renewed from year to year.
In Nebraska the lien continues for
only five years from the date of it's
filing.
The New Mexico, New York, Ohio
and Oregon laws are the same as those
of Kansas in this particular.
In North Dakota a renewal must be
made not less than ten aor more than
thirty days prior to the expiration of
three years from date Of filing.
In Oklahoma the renewal must be
within thirty days next preceding the
expiration of three years.
In Pennsylvania a renewal must be
within three months after maturity.
In South Dakota the renewal must
be made within thirty days next pre-
ceding the expiration of three years
from the date Of filing. A renewal
may be made for three years longer.
In Utah the mortgage is good only
for ninety days after maturity, pro-
vided the maximum period does not
exceed fifteen months in all.
In Wisconsin it must be renewed
within thirty days next preceding the
expiration of two years from the time
of filing.