430.040. Vehicle or aircraft, part or equipment--horse, mule or other animal to remain in custody of person having lien. - Missouri Statutes

Vehicle or aircraft, part or equipment--horse, mule or other animal toremain in custody of person having lien.

430.040. 1. No person shall have the right to take anyvehicle or aircraft, or part or equipment thereof, or any horse,mule or other animal out of the custody of the person having thelien, except with the consent of the person, or upon paying theamount, 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 otheranimal in the possession of any person receiving or purchasingthe same, with notice of the lien claim; but the lien shall nottake precedence over or be superior to any prior lien on theproperty, created by any financing statement on the same, dulyperfected in accordance with the laws of this state, without thewritten consent of the secured party or the legal holder of thesecurity agreement.

(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.