19 Notre Dame L. 255 (1943-1944)
The Indiana legislature has in substance adopted the Uniform Conditional Sales Law. Where the conditional seller of goods subsequently affixed to a freehold fails to record his contract, he has virtually no rights whatsoever as against subsequent purchasers and mortgagees. It is inescapable that the conditional seller's reservation of title under an unrecorded contract would be invalid as against, a subsequent mortgagee, and that he in no way could replevy the furnace, even though its removal would occasion little or no injury to the freehold. I have attempted to show it is a minority rule differing and distinct from the Restatement, clear in the cases-but criticized.
William B. Lawless,
Doctrine of Discovered Peril,
19 Notre Dame L. 255 (1943-1944).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1019