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OWEN v. WAUKESHA ENGINE AND EQUIPMENT COMPANY

No. 7365.

390 P.2d 439 (1964)

74 N.M. 59

Roy OWEN, Trustee, Plaintiff-Appellee, v. WAUKESHA ENGINE AND EQUIPMENT COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

March 16, 1964.

Attorney(s) appearing for the Case

Baggett & Baggett, Farmington, Modrall, Seymour, Sperling, Roehl & Harris, Daniel A. Sisk, Albuquerque, for appellant.

Verity, Burr, Cooley & Jones, Farmington, for appellee.

MOISE, Justice.

A question of priorities between a recorded chattel mortgage and a mechanics lien under our law as it existed prior to the adoption of the Uniform Commercial Code which became effective January 1, 1962, is here presented for decision.

Briefly stated, the undisputed facts are that plaintiff is the assignee of duly recorded chattel mortgages on certain engines on which defendant performed labor and furnished materials at the request of the mortgagor...

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