109 Minn. 120 | Minn. | 1909
Appellant commenced this action t.o recover possession of certain personal property, consisting of poles, posts, ties, and other material, purchased from defendant McKinley, claimed to be in possession of the Brainerd Lumber & Mercantile Company. Respondent answered, and admitted that the timber was gotten out by McKinley under a contract with appellant, but claimed to be in possession of a portion.of it at the time of the commencement of the action, and that it held the same to secure a lien for services performed in driving the property down the river, taking it up from the water, and piling, sorting, and otherwise preparing it for market. To this answer appellant demurred,, on the ground that it did not state facts sufficient to constitute a defense.
The demurrer raises the single question whether a corporation such as this respondent is entitled to a possessory lien for driving, piling, trimming, and sorting timber products under the provisions of chapter 328, p. 515, Laws 1905, as amended by chapter 114, p. 123, Laws 1907. Chapter 114 provides that whoever, at the request of the owner or legal possessor of any personal property, shall store, or care for, or contribute in any of the modes mentioned in the next section, to its preservation, care, or to the enhancement of its value, shall have a lien upon the same, but a voluntary surrender of possession shall extinguish the lien. By section 2 the lien exists with respect to four different classes of property: First, transporting property from one place to another as a common carrier or otherwise; second, keeping or storing property as a warehouseman or other bailee; third, keeping and caring for domestic animals; fourth, making, altering, or repairing any article, or expending’ any labor, skill, or material thereon. Provision is made for the sale of the property upon notice, personally served upon the owner if he can be found within the county, or by. mail.
Affirmed.