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TITLE XIV.

LIEN.
Chapter I. Liens in General, $8 2872-2913.

II. Mortgage, 88 2920-2972,
III. Pledge, 88 2986-3011.
IV. Bottomry, $83017-3029.

V. Respondentia, $8 3036-3040.
VI. Other Liens, $$ 3046-3060.
VII. Stoppage in Transit, 88 3076-3080.

CHAPTER I.

Article I.

II.
III.
IV.

V.
VI.

LIENS IN GENERAL.
Definition of Liens, &$ 2872-2877.
Creation of Liens, $$ 2881-2884.
Effect of Liens, $$ 2888-2892.
Priority of Liens, $8 2897-2899.
Redemption from Liens, $$ 2903-2905.
Extinction of Liens, 89 2909-2913.

ARTICLE I.

DEFINITION OF LIENS. $ 2872. Lien, what. 2873. Liens, general or special.

2874. General lien, what. 2875. Special lien, what. $ 2876. Prior liens. $ 2877. Contracts subject to provisions of this chapter.

$2872. Lien, what. A lien is a charge imposed in some mode other than by a transfer in trust upon specific property, by which it is made security for the performance of an act. En. March 21, 1872. Am'd. 1877-8, 88.

Cal.Rep.Cit. 118, 419; 121, 384; 126, 469.
Compare Code Civ. Proc., sec. 1180.

Unclaimed property, rights in relation to: See Pol. Code, secs. 3152 et seq.

$ 2873. Liens, general or special. Liens are either general or special, En. March 21, 1872.

2874. General lien, what. A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property. En. March 21, 1872.

Factors.-Usage of trade usually gives factors a general lien, which is established in this state by section 3003, post.

Banker: Post, sec. 3054.
Master of ship: Post, sec. 3055.
Mate and seamen: Post, sec. 3056.
Lien for services: See post, sec. 3051.

$ 2875. Special lien, what. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto. En. March 21, 1872.

Incidental thereto: See next section.

8 2876. Prior liens. Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists. En. March 21, 1872.

Cal.Rep.Cit. 121, 656.

$ 2877. Contracts subject to provisions of this chapter. Contracts of mortgage, pledge, bottomry, or respondentia, are subject to all the provisions of this chapter. En. March 21, 1872.

ARTICLE II.

CREATION OF LIENS, 2881. Lien, how created. 2882. No lien for claim not due. 2883 Lien on future interest. 2884. Lien may be created by contract.

$ 2881. Lien, how created. A lien is created:
1. By contract of the parties; or,
2. By operation of law. En. March 21, 1872.
Cal.Rep.Cit. 80, 116; 92, 79; 118, 419; 126, 469.

8 2882. No lien for claim not due. No lien arises by mere operation of law until the time at which the act to

be secured thereby ought to be performed. En. March 21, 1872.

Cal.Rep.Cit. 73, 20.

$ 2883. Lien on future interest. An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it aco es an interest in the thing, to the extent of such interest. En. March 21, 1872.

Cal.Rep.Cit. 118, 419.

8 2884. Lien may be created by contract. A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence. En. March 21, 1872.

Cal.Rep.Cit. 77, 386; 80, 116; 121, 274.

ARTICLE III.

EFFECT OF LIENS.
$ 2888. Llen, or contract for lien, transfers no title.
$ 2889. Certain contracts void.
$ 2890. Creation of lien does not imply personal obligation.

2891. Extent of lien.
2892. Holder of lien pot entitled to compensation.

$ 2888. Lien, or contract for lien, transfers no title. Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien. En. March 21, 1872. Cal.Rep.Cit. 73, 306; 99, 518; 101, 452; 105, 297 ; 105, 468;

112, 12; 112, 219; 112, 601; 115, 593; 121, 519; 126, 207;

128, 406; 128, 407 ; 138, 336. Post, secs. 2927 et seq.

8 2889. Certain contracts void. All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void. En. March 21, 1872. Cal.Rep.Cit. 85, 368; 105, 76; 114, 599; 120, 153; 120, 154 ;

128, 406; 128, 407. 8 2890. Creation of lien does not imply personal obligation. The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security. En. March 21, 1872.

Cal.Rep.Cit. 114, 139.
See post, secs. 2909, 2928, 3000.

$ 2891. Extent of lien. The existence of a lien upon property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of any other obligation than that which the lien originally secured. En. March 21, 1872.

$ 2892. Holder of lien not entitled to compensation. One who holds property by virtue of a lien thereon, is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, escept to the same extent as a borrower, under sections 1899 and 1893. En. March 21, 1872.

ARTICLE IV.

PRIORITY OF LIENS. $ 2897. Priority of liens. § 2898. Priority of mortgage for price. 2899. Order of resort to different funds.

$ 2897. Priority of liens. Other things being equal, different liens upon the same property have priority according to the time of their creation, except in cases of bottomry and respondentia. En. March 21, 1872.

8 2898. Priority of mortgage for price. A mortgage given for the price of real property, at the time of its conveyance, has priority over all other liens created against the purchaser, subject to the operation of the re cording laws. En. March 21, 1872.

Cal.Rep.Cit. 87, 627; 120, 683.

8 2899. Order of resort to different funds. Where one has a lien upon several things, and other persons have subordinate liens upon, or interests in, some but not all of the same things, the person having the prior lien, if he can do so without risk of loss to himself, or of injustice to other persons, must resort to the property in the following order on the demand of any party interested:

1. To the things upon which he has an exclusive lien;

2. To the things which are subject to the fewest subordinate liens;

3. In like manner inversely to the number of subordinate liens upon the same thing; and,

4. When several things are within one of the foregoing classes, and subject to the same number of liens, resort must be had

(1) To the things which have not been transferred since the prior lien was created;

(2) To the things which have been so transferred without a valuable consideration; and,

(3) To the things which have been so transferred for a valuable consideration in the inverse order of the transfer. En. March 21, 1872.

Cal.Rep.Cit. 114, 541; 119, 296; 119, 354; 119, 355 ; 135, 117. Marshaling of assets: See post, sec. 3433.

ARTICLE V.

REDEMPTION FROM LIENS. 2903. Right to redeem.

2904. Rights of inferior lienor. $ 2905. Redemption from lien, how made.

8 2903. Right to redeem. Every person, having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed. En. March 21, 1872. Cal.Rep.Cit. 61, 429; 79, 120; 80, 355; 95, 195; 95, 196;

95, 201 : 95, 203. Redemption from execution sale: See Code Civ. Proc., secs. 346, 347, 701 et seq.

Pledgor's right of redemption may be foreclosed: Sec. 3011, post.

8 2904. Rights of inferior lienor. One who has a lien inferior to another, upon the same property, has a right:

1. To redeem the property in the same manner as its owner might, from the superior lien; and,

2. To be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests,

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