INVOLUNTARY INSOLVENCY OF STROCHECKER V. RAMIREZ
44 PHIL 933
Three mortgages were seeking preference in the lower court. The one of Fidelity and Surety Co. alleged that it should be given preference as the mortgage in favor of Ramirez was not valid as the subject of the mortgage cannot be a proper subject thereof. The subject involved in the 1st mortgage is an interest in business of a drug store.
Such interest in the business is a personal property capable of appropriation and not included in the enumeration of real properties in the Civil Code, and may be the subject of mortgage. All personal property may be mortgaged.