US Lawyer Database

71-3-1403. Notice of sale

71-3-1403. Notice of sale. Before proceeding to the sale of the property of any guest, as provided in 71-3-1402, the hotelkeeper or innkeeper shall cause a notice of the sale, containing a description of the property to be sold and the time and place where the property will be sold, to be published once each week […]

71-3-1501. Lien of factor

71-3-1501. Lien of factor. A factor has a general lien, dependent on possession, for all that is due to the factor upon all articles of commercial value that are entrusted to the factor by the same principal. History: En. Sec. 3936, Civ. C. 1895; re-en. Sec. 5806, Rev. C. 1907; re-en. Sec. 8387, R.C.M. 1921; Cal. Civ. […]

71-3-1502. Banker’s lien

71-3-1502. Banker’s lien. A banker has a general lien, dependent on possession, upon all property in the banker’s hands belonging to a customer for the balance due to the banker from the customer in the course of the business. History: En. Sec. 3937, Civ. C. 1895; re-en. Sec. 5807, Rev. C. 1907; re-en. Sec. 8388, R.C.M. 1921; […]

71-3-1211. Agister’s lien — finding — who may hold lien

71-3-1211. Agister’s lien — finding — who may hold lien. (1) The legislature finds that agisters’ liens require expeditious action to protect the welfare of the stock and to ensure that the cost to feed and care for the stock covered by the lien does not exceed the market value of the stock. (2) (a) If there is […]

71-3-1212. Priority

71-3-1212. Priority. (1) An agister’s lien created under 71-3-1211 does not take precedence over perfected security interests under the Uniform Commercial Code–Secured Transactions or other recorded liens on the stock involved unless, within 30 days from the time of receiving the stock, the person desiring to assert a lien upon the stock gives notice in writing […]

71-3-1213. Enforcement of agister’s lien — sale

71-3-1213. Enforcement of agister’s lien — sale. If payment for keeping, feeding, herding, pasturing, or ranching stock is not made within 30 days after the performance of the keeping, feeding, herding, pasturing, or ranching, the person entitled to a lien under the provisions of 71-3-1211 through 71-3-1214 may enforce the lien in the following manner: (1) The […]

71-3-1214. Lien not lost by fraudulent taking of property

71-3-1214. Lien not lost by fraudulent taking of property. (1) The forcible or fraudulent taking of stock from the person holding an agister’s lien pursuant to 71-3-1211 through 71-3-1214 does not extinguish the lien. (2) The person holding the agister’s lien may recover possession of the stock by proper action instituted in court against any person possessing […]

71-3-1301. Lien of seller of real property — waiver

71-3-1301. Lien of seller of real property — waiver. (1) A person who sells real property has a vendor’s lien on the real property, independent of possession, for as much of the price as remains unpaid and unsecured other than by the personal obligation of the buyer. (2) When a buyer of real property gives to the […]