Section 430.040

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 430

Effective - 28 Aug 1983   

  430.040.  Vehicle or aircraft, part or equipment — horse, mule or other animal to remain in custody of person having lien. — 1.  No person shall have the right to take any vehicle or aircraft, or part or equipment thereof, or any horse, mule or other animal out of the custody of the person having the lien, except with the consent of the person, or upon paying the amount, lawfully due, for keep, storage, labor or material.

  2.  The lien shall be valid against the vehicle or aircraft, or part or equipment thereof, or against the horse, mule or other animal in the possession of any person receiving or purchasing the same, with notice of the lien claim; but the lien shall not take precedence over or be superior to any prior lien on the property, created by any financing statement on the same, duly perfected in accordance with the laws of this state, without the written consent of the secured party or the legal holder of the security agreement.

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(RSMo 1939 § 3610, A.L. 1965 p. 114, A.L. 1983 H.B. 805)

Prior revisions: 1929 § 3220; 1919 § 7280

(1957) Common law artisan's lien for repairing truck held superior to the right of holder of conditional sales contract recorded in Florida to possession of truck but such superior lien does not extend to secure payment of storage charges. Mack Motor Truck Corp. v. Wolfe (A.), 303 S.W.2d 697.