Re Dawson, Tate, and Company

• Jurisdiction: Ireland
• Judgment Date: 01 January 1868
• Date: 01 January 1868
• Court: Chancery Division (Ireland)

Bankruptcy.

In re DAWSON, TATE, AND CO.

Boyd v. ShorrockELR L. R. 5 Eq. 72.

Ex parte Barclay 5 De G. M. & 410.

Mather v. FraserENR 2 K. & J. 536.

Mercer v. PatersonELR L. R. 2 Ex. 304.

Non-Registry of Mortgage Deed — Concealment of Security — Fixtures — Right of Mortgagee to Growing Crops.

218 THE IRISH REPORTS. Bankruptcy. In re DAWSON, TATE, AND CO. 1868. Non-.Registry of Mortgage Deed-Concealment of Security-Fixtures-Bight February. of Mortgagee to Growing Crops. The non-registration of a mortgage deed, affecting real property, will not be taken as evidence of fraudulent concealment of the security. Looms made fast to a tiled floor, by a wrought iron spike driven through the tiles, are fixtures that will pass to a mortgagee. A mortgagee not in possession will not be enÂÂÂtitled to crops growing on the mortgaged premises by merely demanding posÂÂÂsession of them. Semble, the provisions of the Bills of Sale Act might be properly extended in the case of traders to the registration of securities affecting lands. Tins case came before the Court upon charge and. discharge. The Messrs. Shaw of Belfast filed their charge as mortgagees, on foot of a mortgage executed by the bankrupts, under which they claimed a certain manufactory and premises conveyed by the deed of mortgage, and also the looms and machinery erected thereon. It was alleged by the assignees that the mortgage was fraudulent and void because it was in effect an absolute conveyance of all the bankrupt's property, to secure an antecedent debt as well as future advances. The next ground of impeachment was that the mortÂÂÂgage was not registered, but was kept secret, in consequence of which the bankrupts obtained credit, &c. Mr. Kernan, Q. C., for the mortgagees. Mr. Purcell, Q. C., and Mr. Monroe, for the Assignees : Boyd v. Shorrock (I) ; Ex parte Barclay (2) ; Mather v. Fraser (3). MILLER, J. It is scarcely possible to over-estimate the imporÂÂÂtance of the questions raised in this matter as affecting general commercial dealings irrespective of the particular interests involved. By the first paragraph of the discharge of the assignees it is in the first instance alleged that the mortgage in question was, and is fraudulent and. void, as against the assignees, as being a conÂÂÂveyance of all the property which the bankrupts possessed, for the purpose of securing an antecedent debt of nearly £1800. It lay (1) L. R. 5 Eq. 72. (3) 2 K. & J. 536. (2) 6 De G. M. & G. 410. EQUITY SERIES. 219 upon the assignees to sustain that alleged ground of impeachment Bankruptcy. by evidence. 1868. The next ground of impeachment in the discharge of the In re assignees of the mortgage deed of the 2nd of June, 1866, is that the DAWSON, mortgage was kept as a secret instrument between Shaw & Co., TATS, & CO. the mortgagees, and the bankrupts, whilst the creditors were trustÂÂÂing the bankrupts with large sums of money, and whilst the value of the mortgaged premises was being largely increased by affixing thereto valuable machinery. It is alleged that the mortgagees...