85-7-103 - Stable keepers; lien on animals. - Mississippi Statutes

§ 85-7-103. Stable keepers; lien on animals.
 

The owner of every livery stable, sale stable, feed stable or public pasture shall have a lien on every horse, mule, cow, or other animal for the price of feeding, grooming, training, grazing, or keeping the same, at the instance of the owner of the animal, and shall have the right to retain possession of the animal until such price be paid. If the price be not paid in ten days after it is due, the person to whom it is owing may commence suit therefor before a justice of the peace where the principal of the amount does not exceed two hundred dollars, and in the circuit court where it exceeds that sum, setting forth the amount of the debt, how it accrued, and a description of the animal; and, upon proof of the debt that it is due for feeding, grooming, training, grazing or keeping the animal, he shall be entitled to judgment against the owner for the amount due and sued for and the price of feeding, grooming, training, grazing and keeping the animal since the institution of the suit if the whole amount do not exceed the jurisdiction of the court, with costs as in other cases, and to a special order and execution for the sale of the property upon which the lien exists for the payment of such judgment and costs, and to an execution, as in other cases, for the residue of what remains unpaid after sale of the property. The lien created by this section shall be subordinate to any prior encumbrance on such animal of which the owner of the stable had notice, actual or constructive, unless the animal were fed, groomed, trained, grazed or kept by the consent of the encumbrancer. 
 

Sources: Codes, 1892, § 2722; 1906, § 3082; Hemingway's 1917, § 2442; 1930, § 2256; 1942, § 354; Laws,  1888, p. 94; Laws, 1934, ch. 311.