Goodrich v. Dore
194 Mass. 493
Mass.
1907
Check Treatment
Sheldon, J.

This case is governed by the decisions in Moors v. Reading, 167 Mass. 322, and Hawes v. Weeden, 180 Mass. 106. There was as much evidence of a delivery and as much retention of possession in those cases as in the case at bar. It is immaterial whether the plaintiff has the rights of a mortgagee or of a pledgee. If the former, the mortgage was invalid because it was not recorded and the property was not retained by him in conformity with the requirements of R. L. c. 198, § 1; if the latter, his failure to retain possession of the property was equally fatal *496to him. He cannot claim the property against his debtor’s trustee in bankruptcy. Drury v. Moors, 171 Mass. 252. Haskell v. Merrill, 179 Mass. 120.

Exceptions overruled.