Forrest Cate Ford, Inc. v. Fryar

This is an appeal from the judgment of the Circuit Court wherein the Court held a recorded security interest in a motor vehicle was superior to a non-possessory statutory lien for repairs to the motor vehicle as allowed by T.C.A. sec. 64-1901 et seq. The above holding constitutes the only issue before this Court on appeal.

The appellant repairman in the usual course of its business made numerous repairs to four vehicles owned by the defendant Herbert Fryar. Appellant did not retain possession of these trucks and upon Fryar's failure to pay the accumulated repair bills the appellant instituted…