430.020. Liens for storage, materials and labor on vehicles or aircraft--nonpossessory liens on aircraft for labor and material, procedure--failure to file with aircraft registry, purchaser prevails.
Liens for storage, materials and labor on vehicles oraircraft--nonpossessory liens on aircraft for labor and material,procedure--failure to file with aircraft registry, purchaserprevails.
430.020. Every person who shall keep or store any vehicle,part or equipment thereof, shall, for the amount due therefor,have a lien; and every person who furnishes labor or material onany vehicle or aircraft, or part or equipment thereof, who shallobtain a written memorandum of the work or material furnished, orto be furnished, signed by the owner of the vehicle or aircraft,or part or equipment thereof, shall have a lien for the amount ofsuch work or material as is ordered or stated in such writtenmemorandum. Such liens shall be on the vehicle or aircraft, orpart or equipment thereof, as shall be kept or stored, or beplaced in the possession of the person furnishing the labor ormaterial; provided, however, the person furnishing the labor ormaterial may retain the lien after surrendering possession of theaircraft or part or equipment thereof by filing a statement inthe office of the county recorder of the county where the ownerof the aircraft or part or equipment thereof resides, if known tothe claimant, and in the office of the county recorder of thecounty where the labor or material was furnished. Such statementshall be filed within thirty days after surrendering possessionof the aircraft or part or equipment thereof and shall state theclaimant's name and address, the items on account, the name ofthe owner and a description of the property, and shall not bind abona fide purchaser unless said lien has also been filed with theFederal Aviation Administration Aircraft Registry.
(RSMo 1939 § 3608, A.L. 1983 H.B. 805, A.L. 1988 H.B. 950 & 1361)Prior revisions: 1929 § 3218; 1919 § 7278
(1953) Common law liens were not abolished by this law but were enlarged upon so that, upon compliance with this section, the lien continues, as against a purchaser with notice, after lien holder had parted with possession. State ex rel. Rueseler Motor Co. v. Klaus (A.), 263 S.W.2d 71.
(1959) Artisan's lien for repair of motor vehicle is superior to prior recorded chattel mortgage under Missouri decisions. Gale and Co. v. Hooper (A.), 323 S.W.2d 824.
(1962) In action for replevin of automobile by plaintiff holding note and mortgage thereon, it was not necessary to determine whether defendant pleaded a common law lien for repairs and storage or a statutory lien since under its general denial defendant could show any facts tending to disprove plaintiff's asserted right to immediate possession. Monarch Loan Co. v. Anderson Transmission Service (A.), 361 S.W.2d 328.
(1967) Common law liens have not been abolished by virtue of the enactment of this section, but have been enlarged in effect. Jackson v. Kusmer (A.), 411 S.W.2d 257.