Kirtley v. Morris
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Cyrus A. Anthony, Judge. , (1) The tools in question were placed in defendant’s hands by the owners for necessary repairs, and were repaired by defendant after plaintiff’s mortgage became due, and plaintiff never took possession of them, •or attempted to do so, under his said mortgage, till such repairs were made ; and, in such case, defendant’s artificer’s lien at common law is prior to the lien of said mortgage, and he had a…
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Appeal from the Audrain Circuit Court. — Hon. Cyrus A. Anthony, Judge. , (1) The tools in question were placed in defendant’s hands by the owners for necessary repairs, and were repaired by defendant after plaintiff’s mortgage became due, and plaintiff never took possession of them, •or attempted to do so, under his said mortgage, till such repairs were made ; and, in such case, defendant’s artificer’s lien at common law is prior to the lien of said mortgage, and he had a right to retain the possession of said property until he was paid for repairing the same. .Herman on Chat. Mort., sec.…
1Opinion of the Court
Ellison, J.-
Plaintiff is a mortgagee of certain grading tools, or implements used in the construction of railroads ; his mortgage being duly acknowledged and recorded. Defendant is a blacksmith, who repaired them at the instance and request of the mortgagors who were in possession. The repairs were made after the mortgage debt became due. Defendant refusing to part with the possession till his claim for repairs was paid, plaintiff instituted this action of replevin, and .obtained judgment in the circuit court.
*148The principal question presented is, whether, if the defendant has a lien, it should…
2Cases cited9 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Everett v. CoffinNew York Supreme Court · 1831
- Picquet v. M'KayIndiana Supreme Court · 1831
- Hanna v. PhelpsIndiana Supreme Court · 1855
- Scott v. . DelahuntNew York Court of Appeals · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- MacK Motor Truck Corporation v. WolfeMissouri Court of Appeals · 1957
- Shaw v. WebbTennessee Supreme Court · 1914
- Wright v. ShermanSouth Dakota Supreme Court · 1892
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- Gale and Company v. HooperMissouri Court of Appeals · 1959
6 more not listed; retrieve them via the Exa API.