Rothweiler v. Winton Motor Car Co.

Citations

• 92 Wash. 215
• 158 P. 737

Syllabus

<p>Liens — Chattel Liens — Priorities — Chattel Mortgages — Statutes. A prior chattel mortgage is superior to the lien given by Rem. & Bal. Code, § 1154, to one furnishing labor and materials on any chattel at the request of the owner, for one year, notwithstanding surrender to the owner, and Id., § 1156, providing that every person in possession under agreement for the purchase shall be deemed the owner and the lien shall be superior “to the rights of th‘e person holding the title or any lien thereon antedating the time of expenditure” by the lien claimant; since “any lien thereon” refers to a reservation of title or lien in aid of ownership, and not to a chattel mortgage, in view of the purpose of the act “to secure and perpetuate” liens depending upon possession and not liens created and protected under independent statutes, and in view of the subsequent act, Rem. 1915 Code, § 3660, reaffirming the standing of chattel mortgages under Rem. & Bal. Code, §§ 3659-3669, which was not intended to be impliedly repealed by the chattel lien law.</p>