{
  "id": 8724752,
  "name": "Goff-McNair Motor Company, Inc. v. Phillips Motor Company, Inc.",
  "name_abbreviation": "Goff-McNair Motor Co. v. Phillips Motor Co.",
  "decision_date": "1956-10-08",
  "docket_number": "5-994",
  "first_page": "751",
  "last_page": "753",
  "citations": [
    {
      "type": "official",
      "cite": "226 Ark. 751"
    },
    {
      "type": "parallel",
      "cite": "294 S.W.2d 342"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "218 Ark. 296",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1611957
      ],
      "weight": 3,
      "opinion_index": 0,
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    {
      "cite": "216 Ark. 884",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1614237
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/216/0884-01"
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  "last_updated": "2023-07-14T14:58:54.393419+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Goff-McNair Motor Company, Inc. v. Phillips Motor Company, Inc."
    ],
    "opinions": [
      {
        "text": "Ed. F. McFaddiN, Associate Justice.\nThis is a contest as to. priority between (a) the holder of a retained title on a motor vehicle and (b) a mechanic who worked on the vehicle. The controversy involves the effect of \u00a7 75-160 and \u00a7 75-161 Ark. Stats, on \u00a7 51-412 Ark. Stats.\nIn 1953 Goff-McNair Motor Company, Inc. (hereinafter called \u201cGoff-McNair\u201d) sold an automobile to Tom Laney and duly retained title for the unpaid purchase money. The car was damaged in a collision in January, 1954 and Laney had Phillips Motor Company, Inc. (hereinafter called \u201cPhillips\u201d) make necessary repairs to the extent of $135.92, which is the lien claim of Phillips. On February 11, 1954, Laney obtained possession of the car without Phillips\u2019 knowledge or consent; and on February 17, 1954, Phillips filed its mechanic\u2019s lien claim in the Circuit Clerk\u2019s Office, in accordance with \u00a7 51-401 et seq. Ark. Stats. A few days later, Goff-McNair \u2014 under its title contract \u2014 repossessed the car from Laney for the delinquent balance of $480.44 due on the title retaining contract. Phillips filed suit in the Chancery Court to enforce its mechanic\u2019s lien, which it claimed to be superior to the title retaining contract held by Goff-McNair. The Chancery Court decided for Phillips; and the case is here on appeal.\nWe conclude that the holding of the learned Chancery Court was erroneous because it failed to give full effect to \u00a7 51-412 Ark. Stats, and our holdings in the cases of Powell v. Pacific Finance Corp., 216 Ark. 884, 227 S. W. 2d 965; and Terrell v. Loomis, 218 Ark. 296, 235 S. W. 2d 961. The said Statute and cases definitely state that the rights of the holder of a retained title (as was Goff-McNair in the case at bar) are superior to the rights of the one (as Phillips here) claiming under the mechanic\u2019s lien law.\nTo overcome the aforesaid Statute and cases, the ap-pellee says: (a) that possession was wrongfully obtained from Phillips so that the case is to be determined as if Phillips still had possession of the car; and (b) that Phillips\u2019 possession makes such rights superior to those of Goff-McNair because of \u00a7 75-160 et seq. Ark. Stats.\nEegardless of the first contention of Phillips, we conclude that Phillips is in error in its second contention. Section 75-160 Ark. Stats, is a portion of Act No. 142 of 1949, which is an Act relating to motor vehicles and providing, inter alia, for the issuance of certificates of title thereto. It is not an Act creating new liens for mechanics; hut rather prescribing how rights and titles might be protected by possession or filing for recordation. The language in Sections 75-160 and 75-161, relating to \u201cpossession\u201d was to show how liens could be preserved, and was not to create new liens by mere possession. Even if Phillips had all the time retained possession of the car, we conclude that the title of Goff-McNair under \u00a7 51-412 Ark. Stats, would be superior to Phillips \u2019 mechanic\u2019s lien. The cases of Powell v. Pacific Finance Co. and Terrell v. Loomis (supra) support this conclusion.\nThe decree of the Chancery Court is reversed and the cause is remanded, with directions to enter a decree in favor of Goff-McNair.\nIt is not claimed that Goff-McNair initially failed to duly retain title to the car.\nThe repossession was by a finance company then holding the title contract and note, but the finance company delivered the note, contract and car to Goff-McNair on being compensated for the note.\nThe pertinent language of \u00a7 75-161 Ark. Stats, is: \u201c. . . except such liens ... as may be authorized by law dependent upon possession. . . . \u201d",
        "type": "majority",
        "author": "Ed. F. McFaddiN, Associate Justice."
      }
    ],
    "attorneys": [
      "Bex W. Perkins and E. J. Ball, for appellant.",
      "Price Dickson and W. B. Putman, for appellee."
    ],
    "corrections": "",
    "head_matter": "Goff-McNair Motor Company, Inc. v. Phillips Motor Company, Inc.\n5-994\n294 S. W. 2d 342\nOpinion delivered October 8, 1956.\n[Rehearing denied November 12, 1956.]\nBex W. Perkins and E. J. Ball, for appellant.\nPrice Dickson and W. B. Putman, for appellee."
  },
  "file_name": "0751-01",
  "first_page_order": 775,
  "last_page_order": 777
}