Nebraska § 54-201 - Agister's lien; domestic and foreign; perfection; financing statement; filing; enforcement; fee.

§ 54-201. Agister's lien; domestic and foreign; perfection; financing statement; filing; enforcement; fee.

(1) When any person, firm, corporation, partnership, or limited liability company not provided for in subsection (2) of this section procures, contracts with, or hires any other person, firm, corporation, partnership, or limited liability company to feed and take care of any kind of livestock, the person, firm, corporation, partnership, or limited liability company so procured, contracted with, or hired shall have a first, paramount, and prior lien upon such livestock for the feed and care furnished for the contract price agreed upon or, in case no price has been agreed upon, for the reasonable value of such feed and care, as long as the holders of any prior liens shall have agreed in writing to the contract for the feed and care of the livestock involved. A lien created under this subsection shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code. A lien created under this subsection shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed prior to removal of such livestock from the premises of the person, firm, corporation, partnership, or limited liability company entitled to a lien and shall contain or have attached thereto (a) the name and address and the social security number or federal tax identification number of the person, firm, corporation, partnership, or limited liability company claiming the lien, (b) the name and address and the social security number or federal tax identification number, if known, of the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished, (c) a description of the livestock fed and furnished care, and (d) the amount justly due for the feeding and care. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.

(2) When any person, firm, corporation, partnership, or limited liability company whose residence or principal place of business is located outside the State of Nebraska procures, contracts with, or hires any other person, firm, corporation, partnership, or limited liability company within the State of Nebraska to feed and take care of any kind of livestock, the person, firm, corporation, partnership, or limited liability company so procured, contracted with, or hired shall have a first, paramount, and prior lien upon such livestock for the feed and care furnished for the contract price agreed upon or, in case no price has been agreed upon, for the reasonable value of such feed and care. A lien created under this subsection shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code. A lien created under this subsection shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed prior to removal of such livestock from the premises of the person, firm, corporation, partnership, or limited liability company entitled to a lien and shall contain or have attached thereto (a) the name and address and the social security number or federal tax identification number of the person, firm, corporation, partnership, or limited liability company claiming the lien, (b) the name and address and the social security number or federal tax identification number, if known, of the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished, (c) a description of the livestock fed and furnished care, and (d) the amount justly due for the feeding and care. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.

(3) Effective January 1, 2015, this section applies to a lien created under this section regardless of when the lien was created.

1. Nature of lien

2. Priority of lien

3. Miscellaneous

1. Nature of lien

This section provides the agister with a lien upon the stock for the agister's keeping, and the owner cannot lawfully obtain possession of the stock until the owner has paid or tendered to the agister the amount due for the feed and care. Graff v. Burnett, 226 Neb. 710, 414 N.W.2d 271 (1987).

Priority, as used in this section and UCC section 9-310, means first in time. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

Subsection (1) of this section gives Nebraska agisters a first lien for services rendered to a Nebraska livestock owner if the holders of any prior liens on that livestock agree in writing to the contract for the care and feeding of that livestock. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

Subsection (2) of this section gives Nebraska agisters a lien prior to any other liens without a written agreement to the contract for care and feeding of the livestock, if the party contracting for the agister's services is a nonresident of Nebraska. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

This section creates a statutory agister's lien within the meaning of UCC section 9-310. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

Caretaker has lien for care of livestock. Stickell v. Hagerty, 158 Neb. 34, 62 N.W.2d 107 (1954).

One who receives animals under an agreement to share in increase has an agister's lien. Schrandt v. Young, 62 Neb. 254, 86 N.W. 1085 (1901).

Lien arises only by contract. Hale v. Wigton, 20 Neb. 83, 29 N.W. 177 (1886).

2. Priority of lien

Agister's lien under feeding contract is superior to subsequent chattel mortgage. Hoerler v. Prey, 125 Neb. 822, 252 N.W. 327 (1934).

Lien is superior to mortgage executed after it has attached and while property is in possession of agister. Becker v. Brown, 65 Neb. 264, 91 N.W. 178 (1902).

Under this section, a prior recorded chattel mortgage is superior to claim of agister for keeping animals. State Bank of Nebraska v. Lowe, 22 Neb. 68, 33 N.W. 482 (1887).

Lien of liveryman failing to maintain possession of horses is inferior to mortgage executed after possession is relinquished. Marseilles Mfg. Co. v. Morgan, 12 Neb. 66, 10 N.W. 462 (1881).

3. Miscellaneous

Once it is determined a person is protected by the statutory lien granted an agister, the statute will be liberally construed so its object will be effectuated. Mousel v. Daringer, 190 Neb. 77, 206 N.W.2d 579 (1973).

It is not necessary for agister to follow statute in foreclosure if consent of bailor is had, and under circumstances not tending to injure third parties. Dale v. Council Bluffs Savings Bank, 65 Neb. 692, 91 N.W. 526 (1902); reversed on rehearing, 65 Neb. 694, 94 N.W. 983 (1903).

The taking by the owner of livestock from the possession of agister without his consent does not divest his lien, and subsequent purchaser is charged with notice of the lien. Weber Bros. v. Whetstone, 53 Neb. 371, 73 N.W. 695 (1898).

One who cares for livestock under contract with owner has agister's lien, and owner cannot obtain possession by legal process until he has paid or tendered the full amount due. Kroll v. Ernst, 34 Neb. 482, 51 N.W. 1032 (1892).

Person furnishing feed and care to livestock can hold stock against owner who contracted for care until amount due is paid, but cannot hold where contract was not made with owner. Gates v. Parrott, 31 Neb. 581, 48 N.W. 387 (1891).