Roswell Trading Co. v. Long
New Mexico Supreme Court
Appeal from District Court, Chaves County, Brice, Judge. Action by the First State Bank & Trust Company of Roswell, N. M., against A. Long, in which the Roswell Trading Company intervened. From a judgment dismissing the intervention petition on demurrer, inter-vener appeals. Appellant, as dealer in grain, feed, etc., had lien on animals fed with grain sold by appellant.
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Appeal from District Court, Chaves County, Brice, Judge. Action by the First State Bank & Trust Company of Roswell, N. M., against A. Long, in which the Roswell Trading Company intervened. From a judgment dismissing the intervention petition on demurrer, inter-vener appeals. Appellant, as dealer in grain, feed, etc., had lien on animals fed with grain sold by appellant. Sec. 20, Art. 2, Chap. 65, Laws 1917; See. 3339, Code 1915. Possession is necessary to' establish the lien. Sec. 20, Art. 2, Chap. 65, Laws 1917; Cotton v. Arnold, 95 S. "W.; Note to 6 L. R. A. 82; Fishnell v. Morris, 6 L. R.…
1Opinion of the Court
OPINION OF THE COURT.
RAYNOLDS, J.
The case arose out of the following facts: The First State Bank & Trust Company of Roswell, N. M., sought to foreclose a chattel mortgage on the property of the defendant, A. Long; said chattel mortgage being given to secure a promissory note. The Roswell Trading Company, appellant, herein, intervened in said suit, alleging as a cause of action against the defendant Long, money due for goods and merchandise sold to him. Appellant further claimed a lien against the livestock of the defendant, which livestock had consumed the feed sold to the defendant, and…
2Cited by2 opinions
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