Dixon v. General Motors Acceptance Corp.

Felton, Chief Judge.

The plaintiff in error’s first assignment of error is to the striking of his allegation of possession of the automobile in question at the time it was levied on by the sheriff. Although the retention of the automobile was the proper method of asserting the mechanic’s lien under Code Ann. § 67-2003, the allegation of possession was irrelevant here because a mechanic’s lien for repair work and material on the credit of a vendee is inferior to the vendor’s contract retaining the title, regardless of wlm has possession of the automobile at the time of the levy. Baughman…