High Court Wellington
17 December 1915 2 March; 10 April 1916
Edwards J
17 December 1915 2 March; 10 April 1916
Edwards J
Chattels Transfer — Bill of Sale over Carrier's Horses — Whether a Mortgage of "Stock" — Covenant charging subsequently acquired Horses — Covenant to "Brand" — No Brand specified — Horses replaced by others — Default of Grantor — Seizure of substituted Horses by Mortgagees — Acquiescence of Grantor — Leave of Court under Mortgages Extension Act not obtained — Bankruptcy of Grantor — Validity of Seizure — Chattels Transfer Act, 1908, ss 2 (1), 16, 20–23, 25, 26 — Bankruptcy Act, 1908, s 61 (c) (ii) — Mortgages Extension Act, 1914, s 3 (b).
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