Wright v. Sherman
South Dakota Supreme Court
Appeal from county court, McCook county. Hon. A. C. Biernatzki, Judge. This was an action in claim and delivery by mortgagee for property covered by a chattel mortgage. Defendant answered setting up a statutory lien as feeder and agister. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. Liens have only such force and effect as the statute gives them.
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Appeal from county court, McCook county. Hon. A. C. Biernatzki, Judge. This was an action in claim and delivery by mortgagee for property covered by a chattel mortgage. Defendant answered setting up a statutory lien as feeder and agister. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. Liens have only such force and effect as the statute gives them. Miller v. Anderson, 1 S. D. 539. At common law the agister has no lien upon the animals agisted. Miller v. Marsten, 56 Am. Dec. 694; Whitlock v. Hurd, 48 Am. Dec. 73; Lewis v. Tyler, 23 Cal. 364; Wills v. Barrister,…
1Opinion of the CourtICellam, P. J.
The controlling question in this case is whether the lien of an agister for the feeding and pasturing of stock, received from the mortgagor in possession, takes precedence over the lien of a chattel mortgage upon the same stock, given and filed in the register’s office, as provided by law, prior to such feeding and pasturing. Respondent makes the preliminary objection that the complaint does not state a cause of action, nor show the plaintiff entitled to any relief, or to resist defendant’s claim for a lien, for the reason that plaintiff’s interest, if he have any, in the property involved,…
2Cases cited12 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Case v. AllenSupreme Court of Arkansas · 1878
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Smith v. StevensSupreme Court of Minnesota · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Biegler v. American Family Mutual Insurance Co.South Dakota Supreme Court · 2001
- Woodford v. KelleySouth Dakota Supreme Court · 1904
- Beh v. MooreSupreme Court of Iowa · 1904
- First National Bank of Mountain View v. WilsonSupreme Court of Oklahoma · 1915
- Cather v. SpencerSupreme Court of Oklahoma · 1916
13 more not listed; retrieve them via the Exa API.