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CHAPTER 10 Ship mortgages

Admiralty Jurisdiction and Practice

Page 349


Ship mortgages



10.1 Ships are chattels and questions relating to their ownership are decided according to the principles applicable under the law of personal property, in particular the provisions as to passing of property and conveying of title contained in the Sale of Goods Act 1979, but as a general rule title to a ship will not pass by delivery, nor will it be proven by possession. The classic statement of this proposition is to be found in the judgment of Turner LJ in Hooper v Gumm1 where he said2:

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