§42-1. Lien defined.
A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. R.L. 1910, § 3822.
§42-10. Lien transfers no title.
Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title to the property subject to the lien. R.L. 1910, § 3831.
§42-100. Foreclosure of liens.
Said lien may be foreclosed by the sale of the property so covered any time within twelve (12) months in the same manner provided by law for the foreclosure of chattel mortgages. Laws 1917, c. 187, p. 351, § 4.
§42-101. Sale, disposal or removal of property covered by lien – Punishment.
Any person convicted of selling, disposing of or removing property covered by a lien not subordinate to that person’s interest, arising under Sections 91 through 102 of this title or Section 1 or 2 of this act without either obtaining the written consent of the owner of the lien or making provision adequate to satisfy […]
§42-102. Discharge of lien when satisfied.
It shall be the duty of the holder of the lien under this act when the same is satisfied to immediately file a notice of discharge thereof with the county clerk of the county wherein the lien is filed. Failure to do so shall subject the holder of the lien to a fine of not […]
§42-104. Enforcement and foreclosure of liens on farm equipment.
A lien granted under Section 1 of this act with respect to farm equipment may be enforced and foreclosed in the same manner as security agreements pursuant to the Uniform Commercial Code. Any legal action taken by or on behalf of a lien claimant to enforce or foreclose any such lien filed in the office […]
§42-11. Contracts for forfeiture of property and restraining redemption.
All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void, except in the case specified in Section 1122. R.L. 1910, § 3832.
§42-111. Persons entitled to liens – Commencement of lien.
Any person, firm or corporation, who shall thresh or combine grain or seed for another shall have a lien for the value of his services upon the grain or seed threshed or combined as provided for in Section 2 of this act, (10989) lien to date from the commencement of threshing. Laws 1913, c. 38, […]
§42-112. Filing statement of lien in office of county clerk – Right to lien as against purchaser.
Any person entitled to a lien under this act shall, within thirty (30) days after the threshing or combining is completed, file in the office of the county clerk of the county in which the grain or seed was grown, or threshing or combining done, a statement in writing, verified by oath, showing the amount, […]
§42-113. Priority of mortgage liens – Liability of mortgagee consenting in writing.
The lien herein provided for shall be subject to prior mortgage liens, unless the holder thereof has received notice of the intention of the threshing or combining of the grain or seed and consented thereto in writing, after which the holder of such mortgage lien shall become jointly liable with the owner of the grain […]
§42-114. Statement furnished owner by thresher – Forfeiture on failure to comply.
Any person operating a threshing or combining machine, shall furnish the owner of the crop a statement showing the number of bushels of each kind of grain or seed and/or the number of acres threshed or combined, price per bushel and/or the price per acre and credits due; provided, that any person operating a threshing […]
§42-115. Enforcement of lien.
The lien created by Section 111 of this title may be enforced in the same manner as provided by law for the enforcement of an agricultural lien pursuant to Article 9 of the Uniform Commercial Code. Added by Laws 1913, c. 38, p. 75, § 5. Amended by Laws 1994, c. 202, § 3, eff. […]
§42-116. Sale for purpose of paying threshing or combining bill.
The owner, when said seed or grain is not mortgaged, and the owner with the written consent of the mortgagee, when said seed or grain is mortgaged, may sell or dispose of not to exceed twenty percent (20%) of said grain or seed for the purpose of paying the threshing or combining bill. Laws 1913, […]
§42-117. Selling in violation of lien.
Any person selling or disposing of property covered by such lien, except as provided in Section 6 of this act, without the written consent of the owner of such lien, shall be guilty of misdemeanor. Laws 1913, c. 38, p. 76, § 7.
§42-118. Satisfaction of lien – Discharge – Record – Duty of holders.
It shall be the duty of the holder of the lien under this act when same is satisfied to immediately file a notice of discharge thereof with the register of deeds of the county wherein the lien is filed. Failure to do so shall subject the holder of the lien to a fine of not […]
§42-119. Right to lien – Persons liable for threshing bills – Enforcement of lien by attachment – Persons against whom valid.
Any person, firm or corporation, threshing or combining grain or seed for another shall have a lien for the value of such service upon such grain or seed so threshed or combined. Further, any person, firm or corporation, holding a lien or mortgage on any unthreshed or un-combined grain or seed, shall be held equally […]
§42-12. Lien does not imply obligation.
The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security. R.L. 1910, § 3833.
§42-120. Statement to be furnished owner or person in charge – False statements as to law.
Any person, firm or corporation, operating a threshing or combining machine within this state shall furnish the owner or person in charge of the crop within forty-eight (48) hours after the threshing or combining is completed, a statement in writing of the number of bushels of grain or seed and/or number of acres so threshed […]
§42-121. Removal of grain or seed with fraudulent intent – Fraudulent appropriation.
Any person, firm or corporation, removing, or causing to be removed, any threshed or combined grain or seed from the premises where same were threshed or combined, with the intent to deprive the owner or operator of the threshing or combining machine, or person interested in same, of any sum or sums of money due […]
§42-13. Extent of lien limited.
The existence of a lien upon property does not of itself entitle the person, in whose favor it exists, to a lien upon the same property for the performance of any other obligation than that which the lien originally secured. R.L. 1910, § 3834.