WACHOVIA BANK & TRUST CO. v. WAYNE FINANCE CO.

No. 306.

138 S.E.2d 481 (1964)

262 N.C. 711

WACHOVIA BANK & TRUST COMPANY v. WAYNE FINANCE COMPANY.

Supreme Court of North Carolina.

November 4, 1964.


Attorney(s) appearing for the Case

Sasser & Duke, Goldsboro, for defendant appellant.

Taylor, Allen & Warren, by John H. Kerr, III, Goldsboro, for plaintiff appellee.


RODMAN, Justice.

G.S. § 47-20 provides: "No * * * mortgage of * * * personal property * * * shall be valid to pass any property as against lien creditors or purchasers for a valuable consideration from the * * * mortgagor * * * but from the time of registration thereof * * *." This statute has been interpreted in multitudinous opinions. The conclusions reached are consistently to the effect that where a mortgagor is permitted to retain possession of chattels...

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