Wilson v. Donaldson

GAROUTTE, J. Respondent, owning a certain tract of land, leased it to defendant William Donaldson for a share of the [9]crop as rent, to be delivered in the sack to her. He also gave her a chattel mortgage upon all his interest in the growing crop to secure a then existing indebtedness. William Donaldson hired appellant C. L. Donaldson to harvest the crop at an agreed price of one dollar per acre. The grain was harvested under this contract, and upon the completion of the work this appellant took possession of two hundred and fifty sacks of the grain, claiming a lien thereon to the extent of his contract price for the labor performed. Respondent claims the property under her chattel mortgage, executed and recorded before the grain was ready for the harvesting.

Appellant contends that he is entitled to a lien upon the grain by virtue of sections 3051 and 3052 of the Civil Code, which relate to statutory liens created when labor is performed upon personal property under the various circumstances there enumerated. Upon principle, Douglas v. McFarland, 93 Cal. 656, to some extent at least, supports the right of appellant Donaldson to claim a lien upon the grain for his labor under the circumstances we have detailed. For the purposes of the case alone it may be conceded that he is entitled to a lien. Such concession being made, the important question at once presents itself, Does this statutory laborer’s lien of Donaldson take priority over the lien created by the chattel mortgage? An examination of the authorities upon the question from the various states of the Union discloses a conflict of judicial opinion. A well-considered case upholding the priority of the statutory or laborer’s lien may be found in Case v. Allen, 21 Kan. 217; 30 Am. Rep. 425. But the great weight of authority is the other way. (Pingrey on Chattel Mortgages, secs. 730, 731; Jones on Liens, sec. 691; Jones on Chattel Mortgages, sec. 472; Storms v. Smith, 137 Mass. 201; Ingalls v. Vance, 61 Vt. 582; Hauch v. Ripley, 127 Ind. 151.) It is well said in the case last cited: “As the agister’s lien depends alone upon the statute, it can have no greater force than the statute gives, and as the legislature has, as we have said, manifested no intention of giving to it superiority over other liens, it can have none.” In the absence of the statute, the appellant would have no lien whatever. All his rights come from the statute, and therefore must be weighed and limited by the statute. If the legislature had desired to give such lien claimants a priority over [10]