Roy Pemberton v. James A. Davis

This appeal from an order in bankruptcy involves lien claims for the repair and storage of an aircraft and arises out of these facts:

On August 9, 1963, Midwest Livestock Commission Company (Midwest) delivered its aircraft to Pemberton for repairs. They were completed on or about September 9th. The value of the repairs was $272.04. On September 19, 1963, a California sheriff attached the aircraft at the instance of one Harris and orally instructed Pemberton to hold the aircraft in storage. The aircraft was in storage on October 22, 1963, when a petition in involuntary bankruptcy was filed against Midwest. On April 24, 1964 a trustee was appointed. On January 21, 1965 the sheriff released the attachment and on the same day the trustee procured an order from the district court directing all persons having claims to the aircraft to show cause why the aircraft should not be sold free of all liens and claims, and why any liens and claims established should not attach to the proceeds of the sale. On March 15, 1965 the district court directed the aircraft to be sold and ordered that the proceeds of the sale be subject to any lien which Pemberton might establish. The aircraft was sold…