What is the effect of a mortgagee or bargainee taking possession under a chattel mortgage or bill of sale?
Saskatchewan, Canada
The following excerpt is from First National Bank of Minneapolis v. Mann, 1925 CanLII 132 (SK CA):
This last change in the law with respect to the effect of the mortgagee or bargainee taking possession under a chattel mortgage or bill of sale which, under the provisions of the Act, was void, was apparently intended to meet the observations made by some of the Judges in Ontario as to the difference between a mortgage or bill of sale which was void against creditors for non-compliance with the provisions of the Act as to registration, or in other matters, and one which “ceased to be valid” for want of renewal. (Heaton v. Flood, 29 O.R. 87).
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