The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1911-12-28
TRUST DEE
REVERSE /.
SupfelRs Couff Judge Writes
AnslAlpp aht Opinion in

y - g7Fsf = = - aNSASHuhHt IN the
case OF the Triumph Electric Com
ppny vs.. the Empire Fhrniture COM
pany. Judge PoH aager, writing
the.opinion of the'MpFeme court Of
9ppdals, holds that "a deed OF 'trpgt
upon personal property, TO be, ac-
CURED by the grantor attel Gle de.
livery or the trust deed, dosg not
pass the legal title to the PROPERTY,
but creates an equitable lien in ia
yor Of the creditor, and Is protected
by section Q Of chapter "a of, xhe
code.against an uhreeorded ,ressr-
Sat!pnaof title to such after-ae5uired
pnerty ips favor Of the vendor N:
pale to the grantor in the deed
ssIhe opinion also held that such
a deed of trust is contract to give
EHsR on the property When ac-
CURED, which court Of equity Vim
Specifically enforce And that "a
! salesef such property under a decree,
ingan equity, suit, to which the VEN
dor is'not party, to have the deed
Of trust. declared fraudulent or
Preferential in violation of the stat
ute against preference, passes to the
purchaser the superior right OF the
trust deed creditors, Such cfeds
itor IL regarded in equity as a pur-
cltssef within the meaning OF theI
recording statutes and the decree OF
~ treating the equitable lien as
l1ls rg been perfected in equity by1
SPECIFIC execution OF the contract tdl
.issse a lien. evidenced by the deed
egsFtist, passes the legal title to the
property" !
The case is one of question OF
title to personal property. the Tri-I
umph Electric Company claiming
under a reservation thereof IN a con-
tract of sale. and the Empire Fur
ttture Company under q purchase
at a iud clal sale, founded upon. tl
ttAory OF a lien upon. B property
b$S'deed of trust SUI 3auent in date
gto the contract sfeserTing title. -.
On October. Hso7, the Probst
Pugiture q dang executed a deed
Of trust to IS, f. Williams and II :.
T. LoYett, trustees, to secure fine
!. paymsts of certain negotiable prom
isgory. notes. II conveyed all, Mop
,ssHI sS;2sd by the company, etc. and
- the same day. On os.
to6er II the grantor in thS:dfAd OF
TRUST asEhqs3d from the Tsiumpp
COMPANY, inotheG. corpora,
ton, sna.hinaSsS for S4sS.vo.. Of
(which ssS.6OS as pain in CASH; aad,.
psfes given for the balance. The
contrat peserYing. title was not re,
corded until APP Ff5, 1905 about
five months after the ddayeFS of the
property. In the same Month suit
was. Instituted ageins9.tbe probst
Furnitpre comRaAs to have the dead
of trSst destRed frauuleIt and
preferential and to have. a receiver.
appointed. The lower court entered 5
an order and, all the property of the
PrqBGT Furnityre Company: was Sold
on october Z, 1905, TO C. n
Conner, trustee, who later sold the
machinery in controversy to the
Empire Furniture Company: and
also the notes secured, u The deed
of trust were. assigned 10. the En-
pire Furniture Company.
The defendant in trrsS, waived
or lost what would have .bsn a sa-
perior right by its failure to record
4 the contract, says the opinion. 'iAs
it was not a party to the suit in
equity, nor under any duty TO go
into the suit for adiudicatio6 there
in. as one against thS.defendant in
error except in SO Ssfe as the decree
became the basi;S ot"thl transfer Of
superior consEaGtaAl right. Nor
is the date 81 characterization of the
equity. suit, or .rhe stggc Of the pro-
ceedings at which s sale was Or
aered SRss!Ii, or TIE conditions un-
I@der which Il was ordered, material.
III the propSrty wdA sold to satisfy
.4hSS.s e lien screated BY. stfs
deed 81 Fustf IN decree passe& to
the purchase theSsdperor, right of
!. the cfeditor, as perfected y the de-
= ,.-aa !;
MAk 1.GoN,. D, C.. Der .s1E
president Taft sent to the 81 to-
!, day the noRSnatiop Of EE.S NORTH
colt, of we 7Eargslsta Q Be minis
ter to Yenezu = se
IT -.sE.---