Ocala Foundry & Machine Works v. Lester

Citations

• 49 Fla. 199

Syllabus

<p>1. The lien upon personal property given by the Revised Statutes of 1892 to a laborer or mechanic who performs labor and furnishes materials for repairing it, does not as between the parties thereto expire at the end of three months from the time the labor was performed or materials furnished, even though the laborer or mechanic retains possession of the property for .that period of time, mor does the latter lose the right to enforce his lien by proceedings at law or in equity, within or subsequent to that period but within one year, even though he retains possession, or shall have retained possession for the full period of three months.</p> <p>2. Three months retention of the possession of personal property by a mechanic who has repaired it, though mentioned as a remedy for enforcing the mechanics lien by section 1743 Revised Statutes of 1892, is .not designed as a full and complete remedy, but merely as a means of exerting moral pressure for inducing or hastening voluntary payment from the debtor. The other remedies given by that section are not inconsistent with the right to retain possession, but are cumulative, and so long as the retention of possession fails to secure payment of the debt, it does not extinguish or discharge the lien, nor preclude resort to other remedies provided.</p> <p>3. The existence of a lien upon personal property does not carry with it the right of possession, if a statute otherwise provides; therefore the lien may exist in favor of a mechanic, consistently with the right of the debtor-to possession of the property, if such is 'the intention of the statute. ’</p> <p>4. Under section 1743 Revised Statutes of 1892, where possession of personal property has been retained by the laborer or mechanic for the period of three months after the lien attached though the lien still continues as between the parties, the right to retain possession as against the consent of the debtor expires, and upon a demand for possession made by him after the