Moses v. Labofish, 8152.

Decision Date30 November 1942
Docket NumberNo. 8152.,8152.
PartiesMOSES v. LABOFISH.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Gerald M. Johnson, of Washington, D. C., for appellant.

Mr. John P. Labofish, of Washington, D. C., for appellee. Mr. Colman Brez Stein, of Washington, D. C., was on the brief for appellee.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

PER CURIAM.

Lillian L. Moses, appellant here, is the owner of a garage building in the District of Columbia. She had leased the building for a rental of $250.00 a month to John T. Kidwell, appellee. On March 23, 1941, Kidwell being several months in arrears in the payment of the rent, Mrs. Moses brought an action to recover possession of the premises and the amount of rent due through March 22, 1941. On April 14, 1941, she got a judgment for $793.74. On April 19, 1941, the chattels of Kidwell, which had been removed from the premises after the commencement of the suit, were found in the District of Columbia and levied upon by the United States Marshal. Shortly thereafter, and before the chattels were offered for sale, Kidwell filed a voluntary petition in bankruptcy. The chattels were delivered to the Trustee in Bankruptcy and sold.

The single question is whether, under these circumstances, appellant is entitled to priority of payment out of the proceeds. The Referee held against her and the District Court affirmed. The applicable provisions of the District of Columbia Code in regard to a landlord's lien for rent are as follows:

45 D.C.Code (1940), § 915:

"The landlord shall have a tacit lien for his rent upon such of the tenant's personal chattels, on the premises, as are subject to execution for debt, to commence with the tenancy and continue for three months after the rent is due and until the termination of any action for such rent brought within said three months."

45 D.C.Code (1940), § 916:

"The said lien may be enforced — * * *

"Second. By judgment against the tenant and execution, to be levied on said chattels, or any of them, in whosesoever hands they may be found."

Appellee insists that the right to follow the chattels after removal exists only in the case of "fraudulent removal", or "secret or clandestine removal" by the tenant, and that in the present case appellant, in demanding possession of the premises, herself caused the removal of the chattels, and that in any case her action was merely a proceeding on a claim for money due, the effect of which was to give her only the right of an attaching creditor, which right fell under the provisions of the Bankruptcy Act, 11 U.S.C.A. § 1 et seq.

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10 cases
  • United States v. Saidman
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • March 1, 1956
    ...they are found; and by action against any purchaser of the chattels with notice of the lien. We said in Moses v. Labofish, 1942, 76 U.S.App.D.C. 401, 402, 132 F.2d 16, 17, that the lien is created by the statute and exists independently of the several means of enforcement.5 But for present ......
  • In re Rand Mining Co.
    • United States
    • U.S. District Court — Southern District of California
    • May 10, 1947
    ...157; In re San Juan Gold, 2 Cir., 1938, 96 F.2d 60; Commercial Credit Co. v. Davidson, 5 Cir., 1940, 112 F.2d 54; Moses v. Labofish, 1942, 76 U.S.App.D.C. 401, 132 F.2d 16; Reconstruction Finance Corp. v. Sun Lumber Co., 4 Cir., 1942, 126 F.2d An example of such lien, recognized by our own ......
  • O'Donnell v. S & R, Inc.
    • United States
    • D.C. Court of Appeals
    • February 10, 1977
    ...the property affected. District of Columbia v. Hechinger Properties Co., D.C.App., 197 A.2d 157, 160 (1964); Moses v. Labofish, 76 U.S.App. D.C. 401, 402, 132 F.2d 16, 17 (1942). Therefore, by virtue of the lien, appellee had a possessory interest in the car superior to that of O'Donnell. I......
  • Elmira Corporation v. Bulman
    • United States
    • D.C. Court of Appeals
    • October 23, 1957
    ...chattels are brought on the premises and exists independently of the means of enforcement authorized by the statute. Moses v. Labofish, 76 U.S. App.D.C. 401, 132 F.2d 16; see also Spilman v. Geiger, 61 App.D.C. 164, 58 F.2d 890. In view of these decisions, the lien under Section 915 of Titl......
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