Fein v. Wyoming Loan & Trust Co.
| Decision Date | 05 February 1890 |
| Citation | 3 Wyo. 331,22 P. 1150 |
| Parties | FEIN v. WYOMING LOAN & TRUST CO |
| Court | Wyoming Supreme Court |
Error to district court, Albany county.
Replevin by one Fein against the Wyoming Loan & Trust Company. Judgment for defendant, and plaintiff brings error. Affirmed.
Judgment affirmed.
W. H Fishback, for plaintiff in error.
Brown Blake & Arnold, for defendant in error.
This was an action of replevin in the court below, brought by the plaintiff in error against the defendant in error, to recover the possession of certain cattle, wagons, ox yokes, and chains. In his petition the plaintiff claimed to have a special ownership in the property, and to be entitled to its possession, by reason of having an agister's lien thereon. Upon a trial by the court, the following facts appeared: On April 19, 1887, George L. Stokes, the owner of the property in question, executed a chattel mortgage thereon to the Wyoming Loan & Trust Company to secure the payment of an indebtedness owing by him to the company, and this mortgage was duly recorded within a few days thereafter. On December 6, 1887, the property was delivered by Stokes to the plaintiff under a contract of agistment, and at the time of trial the sum of $ 434.50 was due to the plaintiff under such contract. While the property was still in the plaintiff's possession, he sued Stokes in a justice's court, and converted a part of the claim into a money judgment. The plaintiff then caused an execution to be issued on the judgment, and, under his direction, the constable levied the same upon the property in controversy, and took possession thereof. After the levy by the constable, the chattel mortgage being unpaid, and a condition thereof being broken, the loan and trust company brought a suit in replevin against the constable, and obtained possession of the property. The plaintiff then brought this action against the loan and trust company, claiming that his agister's lien was prior in law to that of the chattel mortgage. The court found for the defendant, and entered judgment in its favor. The plaintiff moved for a new trial, alleging that the decision was contrary to law, and, the motion being overruled, he now seeks a reversal of the judgment.
The only question presented by the record is as to whether the plaintiff, at the time of the commencement of the action, had a lien upon the property described in the petition. Section 1470, Rev. St. Wyo., provides: "Any ranchman, farmer agister, or herder, * * * to...
To continue reading
Request your trial
-
Turner v. Horton
... ... 281 TURNER ET AL. v. HORTON ET AL No. 602 Supreme Court of Wyoming February 7, 1910 ... ERROR ... to the District Court, Carbon ... It is lost when the laborer ... abandons possession. ( Fein v. Trust & Loan Co., 3 ... Wyo. 332.) By taking security some of the ... ...
-
John C. Mctiernan, Bear Claw Cattle Co. v. Jellis
...the possession ceases. If one voluntarily parts with the possession of the property, the lien is thereby lost.” Fein v. Wyo. Loan & Trust Co., 3 Wyo. 331[, 22 P. 1150 (1890) ]. The necessary effect of that decision is that the nature of the remedy provided for enforcing the lien is not such......
-
Thomas v. Mann
... ... court, a bond to the State of Wyoming, with two or more ... sufficient sureties, * * * * the penalty must not ... Howes v. Newcomb, 146 Mass. 76, 15 N.E. 123; ... Fein v. Wyoming L. & T. Co., 3 Wyo. 331, 22 P ... 1150). The defendant was ... ...
-
Rocky Mountain Turbines, Inc. v. 660 Syndicate, Inc.
...and applying statutes similar to § 29-7-101, W.S.1977, et seq. and predecessor thereto. See for example, Fein v. Wyoming Loan & Trust Co., 3 Wyo. 331, 22 P. 1150 (1890); and Nebraska Machinery Company v. Schoenheit Trucking Company, 76 Wyo. 140, 301 P.2d 555 The statutes are too plain and u......