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NORTH DAKOTA REPORTS.

before the filing of the security. We cannot give the word “creditors” in this statute its broad, comprehensive meaning; neither can we attach a qualification which leads: to such absurd, unjust results, which runs counter to the manifest policy of the law. In what light, then, should this word be interpreted? The answer seems obvious. We must look to the purpose of the law. We find it is a law designated to protect those who deal with the owner of mortgaged property under circumstances indicating that they relied on the freedom of the property from incumbrances, because there was no record thereof. Its policy as to such persons is to protect them against all secret chattel mortgage liens. To bring themselves within the spirit of the law, they must show that such mortgage existed and was unfiled when they dealt with the owner of the property. This statute intends to protect creditors in the same spirit, and in only the same spirit, in which it protects subsequent purchasers and mortgagees. Purchasers and incumbrancers, to be entitled to protection, must be purchasers and incumbrancers in good faith for value. Section 4379, Comp. Laws. Whether those words “in good faith for value” are used in such a statute is unimportant. They are often interpolated into such a law by construction because of its obvious policy. Now, it is well established that one who purchases or takes security for an antecedent debt is not entitled to the protection of such a statute. The reason is that he has not altered his position to his detriment on the strength of the apparent freedom of the property from incumbrance. The cases are unanimous on this point. Bank v. Bates, 120 U. S. 556, 7 Sup. Ct. Rep. 679; Button v. Rathbone, Sard & Co., (N.Y. App.) 27 N. E. Rep. 266; Cassidy v. Harrelson, (Colo. App.) 29 Pac. Rep. 525, and authorities there cited.

Again, notice of the unfiled chattel mortgage destroys his right to protection. The reason is that he has not altered his position to his detriment relying on the apparent freedom of the property from incumbrance. He knows that it is incumbered. Why should not the word “creditors” be interpreted in the light of this