67 Md. 573 | Md. | 1887
delivered the opinion of the Court.
Authorities are to he found in other States to the effect that a mortgage of domestic animals which makes no mention of the increase, covers the increase, even as between the parties, so long only as it is necessary for the young to follow the mother for nurture ; or at all events that a purchaser of such increase from the mortgagor who is left in possession thereof, without actual notice of the mortgagee’s claim, will acquire a good title ; and in one case the same thing was held in regard to the title of an attaching creditor. Jones on Chattel Mortgages, secs. 149, 150; Winter vs. Landphere, 42 Iowa, 471; Darling vs. Wilson, 60 N. H., 59.
But the law has long been settled differently in this State. In the case of Evans & Iglehart vs. Merriken, 8
By the reference thus made to the law of pledges, the Court unquestionably adopted the rule of the civil law on that subject, and placed a duly swor.n to and recorded mortgage of personal property, upon the same footing in regard to its covering the increase of the property mortgaged. The whole tenor and course of their reasoning is to this effect. The citation they make from Story on Bailments is founded on the civil law, and in the same section from which they cite, the extent to which the doctrine is carried by the Eoman law is thus stated: “ Grege pignori obligato, qucepostea nascuntur, tenentur. Sed et si capitibus decedentibus totus grexfueritrenovatus, pignori tenebitur.”
So also Domat in giving us the Civil Law doctrine as to mortgages and powers, and the privileges of creditors thereunder says: “ Although the mortgage be restricted to certain things, yet it will nevertheless extend to all that shall arise or proceed from that thing which is mortgaged, or that shall augment it or make part of it. Thus when a stud of horses, a herd of cattle, or a flock of sheep is put in pawn into the creditor’s hands, the foals, the lambs and other beasts which they bring forth, and which augment their number, are likewise engaged for the creditor’s security. And if the whole herd or flock be entirely changed, the heads which have renewed it are engaged in the same manner as the old stock.” Domat’s Civil Law by Strahan, sec. 1663.
By our statute law where the mortgage has been duly sworn to and recorded, (as is the case here) it has the same effect in transferring the title, even though the mortgagor may remain.in possession, as if the mortgagee had been put in possession of the mortgaged property. Code, Art. 24, secs. 29 and 39. When thus sworn to and recorded, the law presumes notice of it and of its legal effect, and all persons dealing with the mortgagor with respect
Judgment affirmed.