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Policies Underlying the Adjustment of Creditors' Security Rights in Fixtures
1950
The University of Chicago Law Review
Conflicts over security rights in growing crops, railroad rolling stock, or consumer or industrial fixtures' of a debtor may arise between prior, long-term real estate mortgagees, whose claims are based upon local fixture law or afteracquired property clauses, and subsequent chattel mortgagees or conditional vendees.2 If this conflict is resolved in favor of the chattel mortgagee by granting this "new money" creditor the right to remove the particular asset, the possibility of damage to the
doi:10.2307/1597876
fatcat:yj5dtwyioreodoiu5z2yyqp4ve