Can a mortgagor obtain possession of furniture in another person's house that has not been sold under a secret bill of sale?
British Columbia, Canada
The following excerpt is from Ford Credit Canada Ltd. v. Fahl, 1985 CanLII 377 (BC SC):
In Ancona v. Rogers it was held that furniture in another person's house nevertheless remained in the mortgagor's possession. Mellish L.J. said (at p. 117): As long as the person who has parted with goods by a secret bill of sale is having the goods kept for him, and is exercising dominion over them, the case seems within the mischief against which the Act is directed.
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