Opinion
No. 1978.
May 24, 1922.
Appeal from Wichita County Court; Guy Rogers, Judge.
Action by B. C. Cochran against C. D. Shamburger.
From judgment for defendant, plaintiff appeals. Affirmed.
Cook, Spencer Bailey, of Wichita Falls, for appellant.
Mathis Caldwell, of Wichita Falls, for appellee.
Affirmed. The appellant at the time he repaired the automobile in question, was either the owner of mortgagee in possession. The repairs were made for his own benefit and under the terms of his mortgage or sales contract with Hudson. If he had any lien on the automobile to cover the cost of such repairs, it was by virtue of such contract, and not by reason of the constitutional and statutory provisions for a mechanic's lien.