A Treatise On the Law of Sales of Personal Property, Including the Law of Chattel Mortgages

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Roberts, 58 Miss. 126, where it is held that the trustee in a deed ol trust is not entitled under the Mississippi statute to the possession of the chattels, until the creditor has requested him to take possession for the purpose of foreclosure.
* Jamieson v. Bruce, 6 G. & J. 72, 75; Wells v. Chapman, 59 Iowa, 658; Hall J). Sampson, 35 l". Y. 274; Cline v. Libby, 46 Wis. 123; Rus- 307 § 241 CHATTEL MORTGAOES. [CII. XVI.
Where the mortgagee is authorized to take possession when- ever he shall con
...sider his security unsafe in the hands of the mortgagor, he has the absolute power of determining when the contingency has arisen, and he is not required to give any reasons for his demand of possession. The courts can- not review his decision that the mortgagor's retention of possession renders his security unsafe.^ In the absence of express stipulations of this sort, the presumption is, where the mortgagor is given the right to possession, that the mortgagee can take possession on de- fault in payment.^ The reservation of the right of possession to the mort- gagor need not be express ; it may be implied from pro- visions which determine the time when the mortgagee shall take possession,^ or which provide for the mortgagor to keep the property in repair,* and the like.

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