Legal Opinion

R. Becker & Degen v. Brown

Nebraska Supreme Court

Decided June 18, 1902No. Nos. 11,767 and 11,768PublishedCited by 13 opinions

Proceedings in error from the district court for Phelps county. Tried below before Beall, J. Common-law liens, as distinguished from contract or statutory liens, attach to the property, without reference to the ownership; and override all other rights in the property; while the latter liens are subordinate to all prior existing rights therein. Sullivan v. Clifton, 55 N. J. Law, 324, 39 Am. St. Rep., 652.

1Opinion of the Court

Ames, C.

The above-entitled cases are in essential respects identical, and they having been by agreement of the parties *265argued and submitted at one time, they will be disposed of in a single opinion.

Section 28 of chapter 4 of the Compiled Statutes of this state enacts: “When any person shall procure, contract with, or hire any other person to feed and take care of any kind of live stock, the person so procured, contracted with, or hired, shall have a lien upon such property for the feed and care bestowed by him upon the same for the contract price therefor, and in case no price has been agreed…

2Cases cited5 opinions

  1. Beall v. WhiteSupreme Court of the United States · 1877
  2. Case v. AllenSupreme Court of Arkansas · 1878
  3. Cook v. MoreaIndiana Supreme Court · 1870
  4. Quimby v. HazenSupreme Court of Vermont · 1881
  5. Reddick v. NewburnSupreme Court of Missouri · 1882

3Cited by13 opinions

  1. Gould v. HillIdaho Supreme Court · 1926
  2. City of Lincoln v. Nebraska Workmen's Compensation CourtNebraska Supreme Court · 1937
  3. Graham v. GrahamNebraska Supreme Court · 1939
  4. Richter v. City of LincolnNebraska Supreme Court · 1939
  5. Mousel v. DaringerNebraska Supreme Court · 1973

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