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§ 2831, ante.

§2847. A PRINCIPAL BOUND TO REIMBURSE HIS

SURETY. If a surety satisfies the principal obligation, or any
part thereof, whether with or without legal proceedings, the
principal is bound to reimburse what he has disbursed, in-
cluding necessary costs and expenses; but the surety has no
claim for reimbursement against other persons, though they
may have been benefited by his act, except as prescribed by
the next section.

HlMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.

53 C. 686, 689 (construed); 67 C. 238, 243, 7 P. 664 (applied); 22
P. 203, 205 (applied); 117 C. 195, 202, 49 P. 8, 9 (construed); 121
C. 419, 423, 66 A. S. 44, 53 P. 933 (applied); 122 C. 669, 673, 55
P. 689 (principal is liable to sureties); 127 C. 525, 527, 59 P.
989 (applied); 133 C. 574, 578, 65 P. 1094 (applied — payment of
note by accommodation indorser, as surety for corporation).

As to many miscellaneous matters as to suretyship, see note
§ 2831, ante.

As to right of surety to maintain assumpsit against princi-
pal, see 38 A. D. 44.

1428



Tlt.XIII,ch.n.ait.lII.] ACQUIHKD RIGHTS. §§2848.2849

As to riKlit of surely to sue principal before actual payment,
see 24 A. D. 324; to principal, see 1 A. D. 47.

As to right of surety to ."^ue principal wltliout notUe of pay-
ment, see 24 A. D. 324.

S2>^t^. niK siHKiv A( (M m:i:s rm; ijh.hi ok iiik

CKKIHTOK. .\ surety. ui)ou satisfying the obliKatidii of the
liriii(i|ial. is entitled to enforce every remedy which the
creditor then has against the principal to the extent of reim-
bursing what he has expended, and also to require all his
cosureties to contribute thereto, without regard to the order
of tin)o in which they became such.

lllMtoryt Knacted March 21. 1S72.

See Kerr's Cyc. C. C. for 10 pars, annotation.

53 C. 686. 6S9 (construed) 67 C. 23S. 243. 7 P. 664 (appli.-l.. -.
\\ 203. 205 (applied): 51 P. 20. 21 (applied); 122 C. 669. 673, 55
P. 689 (principal Is liable to sureties); 130 C. 245. 254, 62 P. 466.
600 (api)lled); 133 C. 674. 578, 65 P. 1094 (referred to); 139 C.
II. 49. 72 P. 440 (applied In dis. op.); 145 C. 497. 499, 7S P. 1056

Ited): 152 C. 443. 448. 93 P. 75 (subroKatlon to all rights and
■ inrrlli-s of Judgment <redltor; 1 C. A. I). 173 (referr<d to);
I C. A. 251. 253. 81 P. 1115 (construed with J5 1473. 2849 — ex-
tinguishment of obligation through paymi-nt by surety); 6 C.
A. 686. 6S8. 92 P. 1035 (right of cosurety to subrogation); 7 C.
A. 124. 126. 93 P. 893. 894 (applleil — payment of note by surety).

Ah to contribution against an insolvent cosurety, see 45 A. It.

As to contribution between sureties, see 20 A. D. 659; 27 A.
1>. 612: 52 A. n. 641; 56 A. D. 6S; K3 A. I>. 390; 10 A. S. 639; 70
A. S. 443; 9 L. 411; 21 Is. 252; 32 A. D. 96; brief 22 I.. 444. 44$.

Am Iu discharge of surety by his deittli from liability to con*
tribute, see 68 A. P. 7(>4.

As to effect i>f statute of frauds upon contracts between suro-
tl.B to fix their liabilities, see 39 U 378.

As to many miscellaneous matters as tn suretyship, s^e note
I 2831. ante.

As to rights <if surety who has paid debts of principal, see
1 T>. 641: 7 K. 84.

As to statute of limitations In artlon between auretles. see tl
A. D. 604.

As to subrogation of surety of rights of creditor, see SI A. D.
•1. tl A. D. 384; 90 A W 115. brief 45 L. IBt, «7.

r>»'». SI IM 1\ IMITi.in TO nK>KFIT OF SF( IIU-
IIFS m.l.I) in (IIIDIIOH, A .^ui.tv is .niitl.d m the

1429



§ 2850 CIVIL CODE. [Div.III.Pt.IV.

benefit of every security for the performance of the principal
obligation held by the creditor, or by a cosurety at the time
of entering into the contract of suretyship, or acquired by
him afterwards, whether the surety was aware of the secur-
ity or not.

Ht.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

96 C. 626, 641. 29 P. 500, 503, 31 P. 588, 18 L. 465 (referred to
in dis. op. by Harrison, J.); 114 C. 620, 625, 626, 627, 46 P. 613
(applied); 119 C. 67, 70, 51 P. 14 (referred to); 127 C. 365, 371, 78
A. S. 60, 59 P. 762 (applied); 133 C. 574, 578, 65 P. 1094 (referred
to); 139 C. 41, 49, 50, 52, 72 P. 440 (applied in dis. op. by Shaw,
J.); 1 C. A. D. 173, 174 (construed with §1473, ante); 1 C. A.
251, 253, 81 P. 1115 (construed with §§ 1473, 2848 — surety's pay-
ment of obligation extinguishes it — remedy); 3 C. A. 696, 700,
86 P. 981 (contract of suretyship — right to benefit of collateral
security); 6 C. A. 686, 689, 92 P. 1035 (right of cosurety to sub-
rogation); 7 C. A. 124, 125, 93 P. 893, 894 (applied with §§1473,
2848 — full performance of obligation, by any person, on behalf
of principal, with his assent, extinguishes obligation — remedy
of surety).

As to indemnity to surety, see brief, 28 L. 400.

As to many miscellaneous matters as to suretyship, see note
§ 2831, ante.

As to right of sureties to indemnity taken by cosurety, see 15
A. D. 526; 27 A. D. 720; 43 A. D. 563; 71 A. S. 906.

As to right of surety to control application of collaterals, see
12 L. 131.

As to right of surety to enforce judgment which he has
paid, see 16 L. 115.

As to right of surety to security in hands of creditor, see 34
A. D. 413; 37 A. D. 458; 7 A. S. 372; 12 A. S. 506; 5 L. 288; 9 L.
227; brief 1 L. 715.

§2850. THE PKOPERTY OF PRINCIPAL TO BE TAKEN
FIRST. Whenever property of a surety is hypothecated with
property of the principal, the surety is entitled to have the
property of the principal first applied to the discharge of
the obligation.

HiMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
119 C. 67, 70, 51 P. 14 (referred to); 120 C. 495, 501, 52 P. 848
(applied).

1430



Tit.XIII.ch.lI.iirt.lV.l CREDITOR'S UIOHTS. $2854

As to many miscellaneous matters as to suretyship, see note
S 2831. ante.

As to rlfflit of surety to set-oflf In favor of principal, see 47
A. S. 592; also 17 L. R. A. 460.

As to rlfflit of surety to s<»t up counterclaim cxlstinR in favor
of Ills principal against plaintiff, see Kerr's Cyc. C. C. P. | 438
and note.



AUTirLK IV.
RIGHTS OF CHKDITORS.

S 2.s.">4. Creditor entitled to benefit of securities hild l>y sur.^ty.

^2s:a. (kfditor entitled to kenefit of SECr-

KITIES lli;i,I> IJV SI HKTV. A creditor is entitled to the
benefit of everything wliich a surety has received from the-
debtor by way of security for the performance of the obli-
gation, and may, upon the maturity of the obligation, compel
the application of such security to its satisfaction.

HlMtoryi Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

109 C. 133, 133, 186. 41 V. 868 (applied).

As to many miscellaneous matters as to surrty.shlp. see note
I 2831, ante.

As to riKht of creditor to securities In hands of surety, see 27
A. D. 720.



1431




§§ 2858-2861 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE V.

LETTER OF CREDIT.

§ 2858. Letter of credit, what.

§ 2859. How addressed.

§ 2860. Liability of tlie writer.

§ 2861. Letters of credit eitlier general or special.

§ 2862. Nature of general letter of credit.

§ 2863. Extent of general letter of credit.

§ 2864. A letter of credit may be a continuing guaranty.

S 2865. When notice to the writer necessary.

§ 2866. The credit given must agree with the terms of the letter.

§2858. LETTEE OF CREDIT, WHAT. A letter of credit
is a written instrument, addressed by one person to another,
requesting tlie latter to give credit to the person in whose
favor it is drawn.'

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
125 C. 472, 481, 73 A. S. 64, 58 P. 164 (applied).
As to many miscellaneous matters as to suretyship, see note
§ 2831, ante.

§2859. HO>V ADDRESSED. A letter of credit may be
addressed to several persons in succession.

History: Enacted March 21, 1872.

§28(50. LIABILITY OF THE WRITER. The writer of a
letter of credit is, upon the default of the debtor, liable to
those who gave credit in compliance with its terms.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
70 C. 380, 384, 59 A. R. 416, 11 P. 636 (applied).
As to many miscellaneous matters as to suretyship, see note
§ 2831, ante.

§2861. LETTERS OF CREDIT EITHER GENERAL OR
SPECIAL. A letter of credit is either general or special.
When the request for credit in a letter is addressed to speci-

1432



k Tlt.XIIF.fh.FI.art.V.] I.ETTER OF CREDIT. §§2862-2865

fled persons by name or descrii)tion, the letter is special.
All other letters of credit are general.

lllM<or.v: Enacted March 21, 1872.

As to many miscellaneous matters as to suretyship, see note
f 8 2831, ante.

As to what constitutes a general letter of credit, see Kerr's
Cyc. C. C. § 2861, note.

§2862. \ATLKE OF GENERAL LETTER OF ( REDIT.

A general letter of credit gives any person to whom it may
be shown authority to comply with its request, and by his
so doing it becomes, as to him, of the same effect as if
addressed to him by name.

IIlHtury: Enacted March 21, 1872.

As to liability of general letter of credit, see 28 A. R. 347.

As to many miscellaneous matters as to suretyship, see note
{ 2831, ante.

As to nature of general letter of credit, see Kerr's Cyc. C. C.
t 2862, note.

5 2S63. EXTENT OF (GENERAL LETTER OK (REDIT.

Several persons may successively give credit upon a general
h'ttt-r.

Illsiiir.v: Eiiact.Hl March 21, 1872.

i5 2s<5l. A LKTTKR OF CREDIT .MAY RE A TONTIM'-
I>(« (>rARA\TV. if the parties to a letter of credit appear,
by its terms, to contemplate a course of future dealing be-
tween the parties, it is not exhausted by giving a credit, even
to the amount limited by the letter, which is subsequently
reduced or satisfied by payments made by the debtor. b\it is
to be deemed a continuing guaranty.

lllH(..r>: Kn.ut.d March 21, 1S72.

!j2s«r.. »IIE> NOTICE TO THF »RITKR NK( KSSVRY.

The writer of a letter of credit is lial)]e for credit given upon
it without notice to him. unless its terms express or imply
the necessity of giving notice.

Ilintory: Knarlo.l M:iroli 21. 1872.
1433



§2866 CIVIL CODE. .[Div.III,Pt.IV.

See Kerr's Cyc. C. C. for 2 pars, annotation.
125 C. 472, 481, 73 A. S. 64, 58 P. 164 (applied).
As to many miscellaneous matters as to suretyship, see note
§ 2831, ante.

§2866. THE CREDIT GIVEN MUST AGREE WITH THE
TERMS OF THE LETTER. If a letter of credit prescribes
the persons by whom, or the mode in which, the credit is to
be given, or the term of credit, or limits the amount thereof,
the writer is not bound except for transactions which, in
these respects, conform strictly to the terms of the letter.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

61 C. 405, 430 (applied in dis. op.).

As to limitation of letter of credit to person addressed, see
53 A. D. 289.

As to many miscellaneous matters as to suretyship, see note
§ 2831, ante.



1434



i Tit.XIV.ch.I.art.I.] LIENS— DEFINITION. §2872



TITL?: XIV.
LI EX.

[For Commissioners' comment on this title, see Kerr's Cyc.
C. C]

Chapter I. Liens in General, §§2872-2913.

II. Mortgage, §§ 2920-2973.

III. Pledge, §§ 2986-3011.

IV. Bottomry, §§3017-3029.

V. Respondentia, §§ 3036-3040.

VI. Other Liens, §§3046-3065.

VII. Stoppage in Transit, §§ 3076-3080.



CHAPTER I.

LIENS IN GENERAL.

Article I. Definition of Liens, §§ 2872-2877.

II. Creation of Liens,. §§ 2881-2884.

111. Effect of Liens, §§2888-2892.

IV. Priority of Liens, §§ 2897-2899.

V. Redemption from Liens, §§ 2903-2905.

VI. Extinction of Liens, §§2909-2913.



.\UTICLK I.

DIOF^INITION OF LIEN.

§ 2872. Lien, wliat.

8 2873. Liens, pcncrnl or special.

S 2874. General lien. what.

§ 2875. Special lien, what.

§ 2876. Prior liens.

§ 2877. Contracts subject to provi.slons of this chapter.

§ 2S72. LIE>', WHAT. .\ lien is a charge imposed in some
mode other than l)y a transfer in trust upon specific prop-

1435



§ 2872 CIVIL CODE. [Div.III.Pt.IV.

erty by which it is made security for the performance of
an act.

History: Enacted March 21, 1872; amended February 15,
1878, Code Amdts. 1877-8, p. 88.

See Kerr's Cyc. C. C. for 14 pars, annotation.

118 C. 413, 419, 50 P. 546 (construed and applied): 121 C. 379,
384, 53 P. 813 (construed and applied); 126 C. 467, 469, 77 A. S.
192, 58 P. 907 (construed and applied); 149 C. 316, 320, 86 P.
706 (construed and applied with other sections of the codes as
to effect of deed of trust); 3 C. A. 561, 569, 86 P. 820 (no lien,
legal or equitable, when); 58 F. 666, 668, 7 C. C. A. 422 (con-
strued and applied with other sections).

lilENS — IN GENERAL.

As to actions in general to enforce liens, see 11 L. 740.
As to attachment liens, see Kerr's Cyc. C. C. P. § 537 and
note.

As to attorneys' liens for compensation, etc., see Kerr's Cyc.

C. C. §2872 and note; and Kerr's Cyc. C. C. P. §300 and note;
31 A. D. 755-760; 51 A. S. 251-281.

As to bottomry liens, see Kerr's Cyc. C. C. § 3017 and note;
also note § 3017, post.

As to carrier's lien for freightage, see Kerr's Cyc. C. C. § 2144
and note.

As to carrier's lien upon baggage for payment of fare, etc.,
see Kerr's Cyc. C. C. § 2191 and note.

As to common-law or statutory liens, when enforceable, in
equity, see 74 A. S. 383, 389.

As a conveyance in fraud of lien-holders, see 61 A. D. 699.

As to corporation liens upon stock, see 57 A. S. 393, 394.

As to cotenant's lien on share of another, see 35 A. S. 416-422.

As to crops raised by tenant, right of landlord to reserve lien
thereon, etc., see 14 A. S. 166-168.

As to deposits in bank, liens of bankers tliereon, see 4 A. S.
202, 204.

As to equitable estate, when covered by lien, see 45 A. D. 678.

As to equitable liens in general, see 4 A. S. 700, 701.

As to equitable liens of partners, see 28 L. 102, 103.

As to equitable liens, when arise, see 74 A. S. 387.

As to general liens, see Kerr's Cyc. C. C. § 2874 and note;
also note § 2872, ante.

As to improvements by lessee, liens therefor, etc., see 61 A.

D. 697.

As to innkeepers' and boarding-house keepers' liens, see
Kerr's Cyc. C. C. §§ 1861-1863 and notes.

As to interests affected by liens in general, see 45 A. D.
678-680.

1436



Tit.XIV,ch.I,art.I.] I^TRNS, GENERALLY. § 2872

As to judgment liens, see Kerr's Cyc. C. C. P. §§ 671 et seq.
and notes.

As to laborers' lien, see 58 A. S. 303-309.

As to laborers' liens, liens for salary, etc., see Kerr's Cyc.
C. C. P. §§ 1204-1208.

As to liens in general, see note 88 A. D. 59.

As to liens for taxes, see Kerr's Cyc. Pol. C. §§3716-3718 and
notes.

As to liens on steamers, vessels, boats, etc., see Kerr's Cyc.
C. C. P. §813 and note; 13 A. R. 273-275.

As to life estate, when covered by lien, see 45 A. D. 679.

As to mechanics' liens upon real property and means of en-
forcement thereof, see Kerr's Cyc. C. C. P. §§ 1183-1203a and
notes; also Kerr's Pocket C. C. P. §§ 1183-1203a and notes.

As to mining partner's lien, see § 2514 and note.

As to mortgage as lien upon everything that passes by grant
of property, see Kerr's Cyc. C. C. § 2926 and note.

As to mortgage liens in general, see Kerr's Cyc. C. C. §§ 2920
et seq. and notes; also note § 2920, post.

As to mortgage liens on real property, see Kerr's Cyc. C. C.
§§ 2947 et seq. and notes.

As to mortgage liens upon real property, procedure for en-
forcement thereof, etc., see Kerr's Cyc. C. C. P. § 726 and note.

As to mortgage of personal property, see Kerr's Cyc. C. C.
§§ 2955 et seq. and notes.

As to partner's lien upon partnership property for payment
of partnership debts, etc., see Kerr's Cyc. C. C. § 2405 and note.

As to persons entitled to liens in general, see 32 A. R. 266,
267.

As to pledge, see Kerr's Cyc. C. C. §§ 2986 et seq. and notes.

As to powers of receivers to create Hens, see 83 A. S. 72-80.

As to preferred stockholders not entitled to Hens on corpo-
rate property, see 73 A. S. 229, 230.

As to purchase price, lien on homestead therefor, etc., see
86 A. S. 174-182.

As to receivers, lions against property in liands of, etc., see
71 A. S. 359, 369.

As to redemption from tax liens, sec Kerr's Cyc. Pol. C.
§§ 3781-3785 and notes.

As to respondentia, see Kerr's Cyc. C. C. §3096 and note.

As to special lions, see Kerr's Cyc. C. C. § 3875 and note.

As to stoppage in transitu, see Kerr's Cyc. C. C. S 3076 and
note.

As to waiver of liens, see 41 A. D. 221-224.

Acquired by service of notice In supplementary proceedings. —
See 3 L. N. S. 123.

Against trust estates in favor of creditors or trustees. — See
19 A. S. 67.

1437



§ 2872 CIVIL CODE. [Div.III.Pt.IV.

Agister's lien, priority of. — See 17 L. 792; 12 L. N. S. 310.

Agreement for support in consideration of conveyance, as
basis for equitable lien. — See 13 L. N. S. 725.

Banker's not founded on contract. — See 4 A. S. 202; 111 A. S.
419.

Banker's on deposit. — See 6 L. 327.

Carrier's. — See 4 L. 376.

Duress by, on real property. — See 16 L. 376.

Equitable — As to what are and how created — See 4 L. 248.

Exemption of debts on dissolution of partnership as affecting
partnership lien. — See 9 L. N. S. 102.

Extinguishment of, as to, generally, see 23 L. 233; 57 L.
340; 68 L. 323.

For labor, priority of pre-existing mortgage. — See 2 L. N. S.
615.

Garage owner, right to. — See 1 L. N. S. 240.

Implied covenant of title on sale of chattels as protection
against outstanding liens. — See 16 L. N. S. 410.

Injunction in favor of, or against lien creditors to prevent
execution sales. — See 30 L. 125.

Inkeeper's. — See 21 L. 229.

Jurisdiction of equity to enforce liens. — See 74 A. S. 387.

Liability of different parcels in inverse order of alienation. —
See 5 L. 282.

Of alimony.— See 9 A. C. 89, 90; 9 A. C. 1083.

Of artisans and tradesmen at the common law. — See 37 A. D.
522.

Of attorneys.— See 31 A. D. 755; 51 A. S. 251.

Of bank against deposit. — See 2 A. C. 206.

Of carrier for demurrage. — See 3 L. N. S. 329; also note § 2114,
ante.

Of corporations against shares of stock. — See 3 A. C. 187, 188;
57 A. S. 393.

Of factors. — See 3 A. C. 643, 644.

Of innkeepers. — See 3 A. C. 625.

Of judgment, as to, generally, see 3 A. C. 1146; 4 A. C. 100;
5 A. C. 204; 7 A. C. 334; 7 L. N. S. 415; 9 L. N. S. 1026.

Same — Interests of estates subject thereto. — See 117 A. S.
776.

Of landlord on the property of his tenant. — See 119 A. S. 122.

Of mechanics and materialmen. — See Kerr's Cyc. C. C. P.
§§ 1183-1203a and notes; also Kerr's Pocket C. C. P. §§ 1183-1203a
and notes.

Of mortgage. — See note § 2929, post.

Of one cotenant on the moiety of another. — See 35 A. S. 416.

Of part owner of a vessel for debts and advances. — See 90 A.
S. 387.

Of purchaser for purchase money on vendor's failure to com-
plete contract. — See 8 A. C. 956, 958.

1438



i Tit.XIV,ch.I,art.I.] I^IENS, generat.t.y. § 2872

Of vendors — Of personal property. — See 83 A. S. 451.

Same — Of real estate for unpaid purchase money. — See 4 A. S.
704; 36 A. S. 174.

On abutting property for cost of sewer. — See 60 L. 230.

On animals for cost of keeping-. — See 6 L. 82.

On commercial paper purchased by bank after it has mingled
trust money witli its own funds. — See 5 L. N. S. 1100.

On property — Of bankrupt of one whose funds are wrong-
fully used in purchasing it. — See 9 L. N. S. 876.

Same — Of member of mutual insurance company as security
for his liability. — See 32 L. 504.

Power — Of courts to create and enforce to secure for the pay-
ment of alimony. — See 102 A. S. 700.

Same — Of partner to create, upon firm real property. — See 28
L. 97.

Same — To permit receiver of private corporation to create, on
its property. — See 16 L. 603.

Priority of — As to, generally, see 9 L. 481.

Same — Agister's to chattel mortgage. — See 17 L. 792.

Same — As between lien of chattel mortgage and lien ac-
quired by furnishing food or care for animals. — See 12 L. N. S.
310.

Same — Implied covenant of title on sale of chattels as pro-
tection against outstanding liens. — See 16 L. N. S. 410.

Same — Of agister. — See 12 L. N. S. 310.

Same — Of chattel mortgage filed for record as against lien
acquired after execution of mortgage. — See 33 L. 163.

Same — Of claims against property in hands of receiver over
recorded liens. — See 2 L. N. S. 1013.

Same — Of local assessment over prior lien. — See 35 L. 372.

Same — Of railroad mortgage over other. — See 9 L. 143.

Same — Of statutory preference of claim for labor over pre-
existing mortgage. — See 2 L. N. S. 615.

Priority of agister's Hen. — See 17 L. 792.

Purchase subject to, as to, generally, see 25 L. 275; 59 L.
737.

Receiver's power to create. — See 83 A. S. 72.

Right — Of creditors of a corporation which has transferred
all or substantially all of its assets to another corporation, to
subject the assets so transferred to inequitable lion. — See 5 Li.
N. S. 520.

Same — Of lienor, as to, generally, see 4 A. C. 980.

Same — Of owner of garage to. — See 1 L. N. S. 240.

Same — Of trustee to create, on trust estate. — See 7 L. 656.

Statute of limitations, effect of upon vendors. — See 95 A. S.
663.

Taking of property by general owner for purpose of de-
feating lien thereon, as larceny. — See 12 L. N. S. 94.

1439



§§ 2873-2875 CIVIL CODE. [Div.III.Pt.IV.

Vendor's, for purchase price of railroad rails. — See 66 L. 44.
Waiver of — By attachment or execution. — See 50 L. 714-722.
Same — By refusal to surrender property. — See 63 A. D. 413.

§ 2873. LIENS, GENERAL OR SPECIAL. Liens are either
general or special.

History: Enacted March 21, 1872.

As to general and special liens, see Kerr's Cyc. C. C. §§ 2872,
2874, 2875 and notes.

As to general liens for services, see 37 A. D. 522.

As to many miscellaneous matters as to liens in general, see
note § 2872, ante.

As to particular liens for services, see 37 A. D. 522,

As to unclassified liens, designated as "other liens," see Kerr's
Cyc. C. C. §§ 3046 to 3065 and notes.

§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 par-
ticular class of obligations, which exist in his favor against
the owner of the property.

Hi-story: Enacted March 21, 1872.

As to many miscellaneous matters as to liens in general, see
note § 2872, ante.

As to general and special liens, see Kerr's Cyc. C. C. § 2872
and note.

As to general lien of mates and seamen, see Kerr's Cyc. C. C.
§ 3056 and note.

As to general lien of shipmaster, see Kerr's Cyc. C. C. § 3055
and note.

As to general liens of banker, see Kerr's Cyc. C. C. § 3054
and note.

§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 oblitions [obligations] as may be incidental thereto.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

146 C. 555, 560, 80 P. 711, 713 (construed and applied with other
sections); 152 C. 350, 352, 93 P. 67 (cited); 3 C. A. 561, 569, 86
P. 820 (no lien, legal or equitable, when).

1440



i

i Tit.XIV,ch.I,art.I.] PRIOR LIENS. §§ 2876, 2877

As to lien of factor, see Kerr's Cyc. C. C. § 3053 and note.

As to many miscellaneous matters as to liens In general, see
note § 2872, ante.

As to mortgage lien, when special, see Kerr's Cyc. C. C.
S 2923 and note.

As to officer's lien on attachment or execution, see Kerr's Cyc.
C. C. §3057 and note; also Kerr's Cyc. C. C. P. 5§ 542 et seq.
and notes §§ 682 et seq. and notes.

As to special lien for services, see Kerr's Cyc. C. C. § 3051
and note.

As to special lien of seller of personal property, see Kerr's
Cyc. C. C. § 3049 and note.

As to special lien on personal property for alterations, re-
pairs, etc., see Kerr's Cyc. C. C. § 3052 and note.

As to vendor's lien upon real property, see Kerr's Cyc. C. C.
§ 3046 and note.

§ 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.

Ill.story: Enacted March 21, 1872.



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