Chas. E. Harding & Co. v. Kelso
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Him P. 0. Stepp, Judge. (1) An agister had no lien at common law, and the statute creating it (sec. 4228, R. S. 1899) being in derogation of common law, must be strictly construed. Stone v. Kelley, 59 Mo. App. 214; Baskin v. Wayne, 62 Mo. App. 515; Miller v. Crabbe, 66 Mo. App. 660. Liens, therefore, created by statute, can not be extended by estoppel. Gile v. Atkins, 14 Am.
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Appeal from Grundy Circuit Court. — Him P. 0. Stepp, Judge. (1) An agister had no lien at common law, and the statute creating it (sec. 4228, R. S. 1899) being in derogation of common law, must be strictly construed. Stone v. Kelley, 59 Mo. App. 214; Baskin v. Wayne, 62 Mo. App. 515; Miller v. Crabbe, 66 Mo. App. 660. Liens, therefore, created by statute, can not be extended by estoppel. Gile v. Atkins, 14 Am. St. Rep. 341. (2) Tbe lien provided by statute is for the “keep” only and can not be enlarged to cover matters of contract. Powers- v. Botts, 58 Mo. App. 1; Oox v. McGuire, 26 Ill. App.…
1Opinion of the CourtEllison, J.
— This is an action of replevin for a lot of cattle. The judgment in the circuit court was for defendant.
It appears that one Mock was the owner of the cattle and that he gave to plaintiffs a chattel mortgage on them to secure *610the payment of a large sum of money, possession being left with Mock. The mortgage was duly recorded. Afterwards, Mock turned the cattle over to defendant to feed and fatten for five months, and one month more if Mock gave thirty days notice to that effect; defendant’s compensation being fixed as follows: The cattle were agreed to be of the weight of 35,110 pounds of the…
2Cases cited2 opinions
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- Lazarus v. MoranMissouri Court of Appeals · 1895
3Cited by7 opinions
- MacK Motor Truck Corporation v. WolfeMissouri Court of Appeals · 1957
- Birmingham v. CarrMissouri Court of Appeals · 1917
- Cable & Reed v. DukeMissouri Court of Appeals · 1908
- Central Missouri Trust Co. v. WulfertMissouri Court of Appeals · 1917
- First National Bank v. Witherspoon Livestock Commission Co.Missouri Court of Appeals · 1936
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