University of Vermont AAHS

Mississippi Liens for Service to Horses

 

NOTE:  Mississippi has a breeder's lien.  It has no veterinarian's or farrier's liens, but the agister's lien might be stretched to cover boarding charges for residential veterinary or farrier care.
 

I. Breeder’s Lien

MISSISSIPPI CODE
TITLE 85. DEBTOR-CREDITOR RELATIONSHIP
CHAPTER 7. LIENS LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT

 

85-7-5. Owner of stallion, jackass, or bull; lien on foal or calf.

The owner of a stallion, jackass or bull shall have a lien on each foal begotten by his stallion or jackass, and on each calf begotten by his bull, for the price agreed to be paid therefor, and such lien shall be prior to all other incumbrances on such foal or calf and shall bind the same even in the hands of subsequent purchasers and encumbrancers for a valuable consideration without notice; but the said lien shall expire twelve months after the birth of said foal or calf unless within that time judicial proceedings have been begun to enforce the lien. If the owner shall have falsely represented the breeding, registration, or pedigree of his stallion, jackass or bull, by advertisement or otherwise, he shall not have a lien on the foal begotten by such stallion or jackass, or on the calf of such bull, as against any person who acted under the belief that such representation was true; and, in such case, the owner of the animal shall not have any claim for the service of the stallion, jackass, or bull.
 

II.  Agister's Lien

MISSISSIPPI CODE
TITLE 85. DEBTOR-CREDITOR RELATIONSHIP
CHAPTER 7. LIENS MECHANICS AND STABLEKEEPERS

 

85-7-103. Stable keepers; lien on animals.

The owner of every livery stable, sale stable, feed stable or public pasture shall have a lien on every horse, mule, cow, or other animal for the price of feeding, grooming, training, grazing, or keeping the same, at the instance of the owner of the animal, and shall have the right to retain possession of the animal until such price be paid. If the price be not paid in ten days after it is due, the person to whom it is owing may commence suit therefor before a justice of the peace where the principal of the amount does not exceed two hundred dollars, and in the circuit court where it exceeds that sum, setting forth the amount of the debt, how it accrued, and a description of the animal; and, upon proof of the debt that it is due for feeding, grooming, training, grazing or keeping the animal, he shall be entitled to judgment against the owner for the amount due and sued for and the price of feeding, grooming, training, grazing and keeping the animal since the institution of the suit if the whole amount do not exceed the jurisdiction of the court, with costs as in other cases, and to a special order and execution for the sale of the property upon which the lien exists for the payment of such judgment and costs, and to an execution, as in other cases, for the residue of what remains unpaid after sale of the property. The lien created by this section shall be subordinate to any prior encumbrance on such animal of which the owner of the stable had notice, actual or constructive, unless the animal were fed, groomed, trained, grazed or kept by the consent of the encumbrancer.

85-7-105. Remedy where lienholder loses possession to owner.

If the lienholders mentioned in sections 85-7-101 and 85-7-103 part with possession of the property, they shall retain their liens while the property remains in the hands of the owner, or one deriving title or possession through him, with notice that the price of the labor and materials or the price of feeding, grooming, training, grazing or keeping the same was unpaid, and may enforce the same in like manner as is provided in sections 85-7-31 and 85-7-53.

 

Reviewed by AAHS in August 2001.


 Return to Top of This Page
 Return to Service Liens Page