Young v. Alford
Young v. Alford
Opinion of the Court
Under the provisions of section 3356 of the Civil Code (1910), proprietors of sawmills have the same lien as is provided in section 3354 for work done on material furnished by others. Section 3354 provides as follows: βAll mechanics of every sort, for work done and material furnished in manufacturing or repairing personal property, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accordance with the provisions of section 3366 of this Code, and shall be superior to all liens but liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claim of lien, within ten days after such work is done and material furnished, in the office of the clerk of the superior court of the county where the owner of such property resides.β
2. A sawmill man may thus assert his lien for work done on material
It was, therefore, erroneous to grant a nonsuit on the theory that the lien which had been asserted by retention of the property could not be enforced without having first been legally recorded.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.