Smith & Vaile Co. v. Butts
Mississippi Supreme Court
From the circuit court of Warren county. HoN. L. W. Magruder, Special Judge. Appellants sued the Yicksburg Cotton Oil Co., as maker, and Roach & Edwards, as indorsers, of a note for $1,500. The note was given in part payment for certain machinery appurtenant to a cotton oil mill, and plaintiff, in addition to a personal judgment, sought to enforce its statutory lien on the machinery on which it was situated.
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From the circuit court of Warren county. HoN. L. W. Magruder, Special Judge. Appellants sued the Yicksburg Cotton Oil Co., as maker, and Roach & Edwards, as indorsers, of a note for $1,500. The note was given in part payment for certain machinery appurtenant to a cotton oil mill, and plaintiff, in addition to a personal judgment, sought to enforce its statutory lien on the machinery on which it was situated. There was a judgment by default, but subsequently, at the same term, E. S. Butts and M. Dabney, claiming a lien on the property by virtue of a deed of trust executed by the oil company to…
1Opinion of the CourtCooper, C. J.
The weight of authority seems to be, and probably the better view is, that, where a lien is given by law, but the person entitled thereto, in making his contracts, takes other and different security, he thereby waives the lien given by law, and must rely upon the security he has stipulated for. In most of the courts these statutory liens are held not to differ essentially from the equitable lien of a vendor, and the same rules are applied to them. But in this state a different rule prevails, for, in Parberry v. Johnson, 51 Miss., 291, it was held that the lien of a mechanic was not waived by…
2Cases cited3 opinions
- Buck v. PayneMississippi Supreme Court · 1876
- Parberry v. Johnson & Co.Mississippi Supreme Court · 1875
- Gaines v. KeetonMississippi Supreme Court · 1891
3Cited by7 opinions
- Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
- Thompson v. HillMississippi Supreme Court · 1927
- Bullock v. HansMississippi Supreme Court · 1949
- Guaranty Mortgage Co. of Nashville v. SeitzMississippi Supreme Court · 1979
- GUARANTY MORTG. CO. OF NASHVILLE v. SeitzMississippi Supreme Court · 1979
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