Commerce Acceptance of Oklahoma City, Inc. v. Press

IRWIN, Vice Chief Justice:

Plaintiff in error, herein referred to as plaintiff, held a recorded chattel mortgage on a certain automobile. Plaintiff commenced an action in replevin to recover the automobile against defendant in error, herein referred to as defendant. Defendant defended the action on the grounds that his possessory lien for towing charges, repairs and storage for the automobile had priority over plaintiff’s previously perfected security interest.

The cause was submitted upon stipulation and the trial court held defendant’s posses-sory lien had priority over plaintiff’s chattel…