Is a mortgagee entitled to possession of the mortgagor's chattels?
Saskatchewan, Canada
The following excerpt is from Mickelson v. Nash-Simington Company Ltd., 1923 CanLII 91 (SK CA):
In Ontario it was held, in a number of decisions following Parkes v. St. George, 10 O.A.R. 496, that the words “creditors of mortgagor” in The Chattel Mortgage Act meant only execution creditors, and that if a chattel mortgage not accompanied by immediate possession of the chattels should not be registered as required by the statute, and the mortgagee should take possession of the chattels mentioned in the mortgage at any time before there should be a creditor of the mortgagor in existence having an execution, he should hold the chattels under the mortgage, notwithstanding that it should not be registered as required by the statute.
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