Burrough v. Ely

• Decision Date: 14 November 1903
• Citation: 54 W.Va. 118,46 S.E. 371
• Parties: BURROUGH . v. ELY et al.
• Court: West Virginia Supreme Court

46 S.E. 371

54 W.Va. 118

BURROUGH .

v.ELY et al.

Supreme Court of Appeals of West Virginia.

Nov. 14, 1903.

LIEN—WORK AND LABOR—PERSONAL PROPERTY—ENFORCEMENT—RIGHT OF POSSESSION.

1. A common-law lien on personal property for work and labor performed is the mere right of detention of such property until satisfaction of debt, and is not the subject of equitable jurisdiction or protection, in the absence of statutory provision or other grounds of equitable interference.

¶ 1. See Liens, vol. 32, Cent. Dig. § 4.

2. Such lien only secures to the lienor the right of possession, and it is not otherwise enforceable. A sale made by him of the property would be wrongful.

3. For the deprivation of such possession the lienor may maintain detinue or trover, or, under execution or attachment properly obtained, he may have sale of the property.

(Syllabus by the Court.)

Appeal from Circuit Court, Lewis County; W. G. Bennett, Judge.

Bill by C. E. Burrough against Ralph H. Ely and others. Decree for defendants, and plaintiff appeals. Affirmed.

Edward A. Brannon and C. C. Higginbotham, for appellant.

W. W. Brannon and W. B. McGary, for appellees,

DENT, J. C. E. Burrough appeals from the decision of the circuit court of Lewis county rendered on the 27th day of March, 1902, dismissing a bill in chancery filed by him against Ralph H. Ely and others for the purpose of enforcing a common-law lien claimed by the plaintiff on a certain lot of lumber manufactured by him for the defendant Ely.

The first question that presents itself is as to whether such bill is maintainable. If not, the plaintiff's remedies to determine and sustain his lien must be found in a court of law. The nature of the lien is only the right of possession of certain personal property on which work and labor has been performed. Hence there is no right of sale by reason thereof, either at law or in equity. The right of possession is all that such lien secures, which may be maintained by proper suit at law until the right of sale has been acquired either under execution or attachment. If the lienor is wrongfully deprived of his possession, he can maintain detinue for the goods, or trover and conversion for their value, to the amount of his claim. 2 Tucker's Com. (3d Ed.) 83; 13 Enc. Plead. & Prac. 126. In the absence of statutory provision to that effect, such lien does not au thorize a suit in equity to sell the property for the payment of the debt. Retention of possession is the full force of such lien, and...