121 So. 816 | Miss. | 1929
"A deed of trust or mortgage on all of the chattels of a named class or classes (not including merchandise), described or limited as to locality owned at the time of the execution of the instrument and on such property of like kind as may be acquired during a stated period not to exceed twelve months, given to secure any and all indebtedness which the grantor may owe the beneficiary during said period, shall be a valid lien against all creditors of the grantor. *813
"The grantor shall have the right to pay the indebtedness thus secured with interest at any time, though not then due.
"This act shall not affect the validity of chattel deeds of trust or mortgages, now or hereafter given, valid under existing laws, but is intended to make valid deeds of trust or mortgages on chattels (not including merchandise) in which the grantor has no present or potential interest."
The lien contracts involved constituted chattel mortgages. The statute makes valid such a mortgage as against the general creditors of the mortgagor, provided the mortgage is confined to a named class or classes of chattels not including merchandise, limited as to locality, owned at the time of the execution of the mortgage, and such chattels of like kinds as may be acquiredduring a stated period not to exceed twelve months. The statute excludes "merchandise," which term is used in the popular sense.
The statute is to be construed in reference to the principles of the common law. It is not to be presumed that the legislature intended to make any innovation on the common law further than was necessary in order to carry out the plain purpose of the statute. Being in derogation of the common law, the statute is to be strictly construed. Edwards v. Gaulding,
Suggestion of error overruled. *815