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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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

121 C. 647, 656, 54 P. 254 (construed and applied): 14S C. 669.
675, 113 A. S. 324, 84 P. 155 (advances by mortgagee to dis-
charge paramount liens are barred by statute of limitations
when); 152 C. 350, 353, 93 P. 67 (construed — mortgagee has spe-
cial lien — meaning of "satisfy").

As to many miscellaneous matters as to liens in general, see
note 8 2872, ante.

§2S77. (()>TRV(TS Sl'IUECT TO PROVISIONS OF THIS
CII.VPTER. Contracts of mortgase, pledi^e. bottomry, or re-
si)ondentia, are subject to all the provisions of this chapter.

lllHlory: Ktia.t.<l Marcli 21, 1S72.

58 F. 666, 668, 7 C. C. A. 422 (construi^d and applied with
other sections).

As to many miscellaneous m.-itters as to Hens in general, see
note ! 2872. ante.

As to bottomry and respondentia, see Kerr's Cyc. C. C. if 3017-
3040 and notes.

As to niortgnge. pledge, bottomry, and respondentia, see
Kerr's Cyc. C. C. § 2872 and note.

Kerr's C. C. — 16 1441



§§ 2881, 2882 CIVIL CODE. [Div.III,Pt.IV.

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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

80 C. 114, 116, 13 A. S. 112, 22 P. 53, 54 (construed and ap-
plied); 92 C. 76, 79, 28 P. 46, 47 (construed and applied); 118
C. 413, 419, 50 P. 546 (construed and applied together with
§2872); 126 C. 467, 469, 77 A. S. 192, 58 P. 907 (construed and
applied); 146 C. 555, 560, 80 P. 711, 713 (construed and applied
with § 2891).

As to many miscellaneous matters as to liens in g-eneral, see
note § 2872, ante.

As to doctrine of fixtures between mortgagee and mortgager,
see Kerr's Cyc. C. C. § 660 note pars. 46-56.

As to formalities required in creation, renewal, or extension
of mortgages, see Kerr's Cyc. C. C. § 2922 and note.

As to lien created by contract of parties by deposit of title
deed, see Kerr's Cyc. C. C. § 2872 and note pars. 8, 9.

As to property subject to lien, but afterwards losing its
character as such, and rights of purchaser of such property
in good faith and for value, see Kerr's Cyc. C. C. § 3440 and
note,

§ 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
80 C. 114, 116, 13 A. S. 112, 22 P. 53, 54 (construed and applied).
As to many miscellaneous matters as to liens in general, see
note § 2872, ante.

1442



Tit.XIV.ch.I.art.II.] T^IEN BY CONTRACT. §§ 2883, 2884

§ 2883. LIE?f 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 acquires an interest in
the thing, to the extent of such interest.

Historj-: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

80 C. 114, 116, 13 A. S. 112, 22 P. 53, 54 (applied with other sec-
tions); 118 C. 413, 419, 50 P. 546, 547 (construed and applied).

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

§ 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 24 pars, annotation.

77 C. 383, 386, 11 A. S. 288, 19 P. 641, 643 (construed and ap-
plied) ; 80 C. 114, 116, 13 A. S. 112, 22 P. 53, 54 (construed and
applied); 121 C. 272, 274, 53 P. 801 (construed and applied).

As to liens created for future advances, see 20 A. D. 659-663;
10 A. D. 108.

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

As to mortgages given in good faith to secure future ad-
vances and as to validity thereof as against creditors of mort-
gager, etc., see 20 A. D. 659, 660; 87 A. D. 74; 11 A. S. 293; 26
A. S. 174; 29 A. S. 483, 506; 49 A. S. 209.



1443



§ 2888 CIVIL CODE. [Div.III,Pt.IV. }|

ARTICLE III.

EFFECT OF LIENS.

§ 2888. Lien, 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 not entitled to compensation.

§2888. LIEN, OR CONTRACT FOR LIEIV, 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 36 pars, annotation.

73 C. 302, 306, 2 A. S. 808, 14 P. 885 (construed and applied);
99 C. 516, 518, 33 P. 1081 (construed and applied); 101 C. 445, 452,
35 P. 1035 (construed and applied); 105 C. 292, 297, 38 P. 726
(construed and applied); 105 C. 467, 468, 38 P. 1109 (construed
and applied); 112 C. 8, 12, 53 A. S. 151, 44 P. 357 (construed and
applied); 112 C. 215, 219, 53 A. S. 207, 44 P. 487 (construed and
applied); 112 C. 598, 601, 53 A. S. 228, 44 P. 1063, 32 L. 479 (con-
strued and applied with §1835); 115 C. 584, 593, 56 A. S. 119, 47
P. 482, 35 L. 309 (construed and applied); 121 C. 515, 519, 53
P. 1119 (construed and applied) ; 54 P. 93 (construed and ap-
plied) ; 126 C. 201, 207, 58 P. 460 (construed and applied in con-
nection with language of decision in 63 C. 550, relating to title
to personal property passing to mortgagee under chattel mort-
gage); 128 C. 399, 406, 407, 60 P. 961 (construed and applied in
dis. op. with §2889); 138 C. 334, 336, 71 P. 344 (construed and
applied); 58 F. 666, 668, 7 C. C. A. 422 (construed and applied
with other sections); 123 F. 24, 28 (construed with §2988 — ■
nature of pledgee lien as recognized at common law not
changed).

As to absolute conveyance of inortgaged property, etc., see
post § 2889 and note par. 6.

As to assignment of pledges in general, see post §§ 2913, 2987
and notes.

As to chattel mortgages, execution thereof, etc., see post
§§ 2955-2957 and notes.

As to contract for forfeiture of right of redemption in abso-
lute deed being void, see post § 2889 and note par. 7.

1444



TitXIV.ch.I.art.III.] CONTRACTS VOID. §§2889,2890

As to deed absolute given as security not passing title to real
property, see post § 2924 and note.

As to formalities required for chattel mortgage, and as to
unlimited riglit as between parties to mortgage personal prop-
erty where interests of creditors or third persons are not in-
volved, see post §§ 2924, 2955 and notes.

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

As to lien of pledge being dependent upon, possession, see post
§ 2988 and note.

As to pledgeor's right to surplus realized above amount for
which pledged upon sale, etc., see post § 3008 and note.

As to special deposit in bank in usual course of business con-
sidered in relation to title, etc., see ante § 1835 and note par. 3.



§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 re-
straint of the right of redemption from a lien, are void.

History: Enacted March 21, 1872.

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

14 P. 885, 887 (as between pledgee and pledgeor, general prop-
erty remains in latter); 85 C. 365, 368, 24 P. 725, 726 (con-
strued and applied); (C. Dec. 13, 1893), 34 P. 1031. 1033 (con-
strued as not applying); 105 C. 70, 76, 38 P. 527 (construed and
applied); 114 C. 593, 599, 55 A. S. 92, 46 P. 1062 (construed and
applied); 120 C. 152, 153, 154, 52 P. 301 (construed and applied);
128 C. 399, 406, 407, 60 P. 961 (construed and applied in dis. op.
with §2888); 3 C. A. 387, 394. 86 P. 729 (applied— validity of
sales of pledged property discuss<'d); 58 F. 666. 668. 7 C. C. A.
422 (construed and applied witli other sections).

As to contracts for waiver of equity of redeiniition, see 55 A.
S. 100-111.

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

As to seamen's liens, stipulations waiving, ot.' lining void,
see Kerr's Cyc. C. C. § 2052 and note.

§2890. CREATION ()F LIEN DOES NOT U\VL\ PER-
SONAL ORLHiATlON. 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.

Hiiituryi Enacted March 21, 1872.
1445



§§ 2891, 2892 CIVIL CODE. [Div.III.Pt.IV.

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

114 C. 136, 139, 44 P. 915, 45 P. 1057 (construed and applied).
As to many miscellaneous matters as to liens in general, see
note § 2872, ante.



§ 2891. EXTENT OF LIEN. The existence of a lien upon
property does not of itself entitle the person in whose favor
it exi&ts to a lien 'upon the same property for the perform-
ance of any other obligation than that which the lien origi-
nally secured.

History: Enacted March 21, 1872.

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

146 C. 555, 560, 80 P. 711, 713 (construed and applied); 153 C.
234, 238, 94 P. 889 (if property is pledged to secure specific
indebtedness, pledgee cannot hold it as security for any other
obligation).

As to lien deemed accessory to act for which given as security,
see Kerr's Cyc. C. C. § 2909 and note.

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

As to mortgage not binding to perform act for which given
as security, see Kerr's Cyc. C. C. § 2928 and note.

As to pledgee's right to sell when performance of act is due,
see Kerr's Cyc. C. C. § 3000 and note.

§2892. HOLDER OF LIEN NOT ENTITLED TO COM-
PENSATION. 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 respect-
ing it, except to the same extent as a borrower, under sec-
tions eighteen hundred and ninety-two and eighteen hun-
dred and ninety-three.

History: Enacted March 21, 1872.

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

As to accountability of mortgagee in possession for income
profits, etc., see Kerr's Cyc. C. C. § 2888 and note par. 24.

As to agistor not having lien for services, see 37 A. D. 522.

As to artisan or tradesman, lien for services of, etc., see 37
A. D. 522.

As to liens for services in general, see 37 A. D. 522; 38 A. D.
668.

1446



Tit.XIV.ch.I.art.IV.] PRIORITY OF LIENS. §§ 2897-2899

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

As to non-assignability of liens for services, see 37 A. D. 523.

Repairs and improvement allowed for. — See 25 A. D. 729; 35
A. D. 39.



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 accord-
ing to the time of their creation, except in cases of bot-
tomry and respondentia.

History: Enacted March 21, 1872.

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

As to priority of bottomry liens, see Kerr's Cyc. C. C. § 3029
and note.

As to respondentia, see Kerr's Cyc. C. C. §§ 3036 et seq. and
notes.

§2898. PRIORITl OF MORTGAGE FOR PRICE. Amort-
gage 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 record-
ing laws.

History: Enacted March 21, 1872.

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

87 C. 619, 627, 22 A. S. 272, 25 P. 919, 921 (construed and ap-
plied with §1186 C. C. P.); 120 C. 680, 683, 53 P. 266 (construed
and applied).

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

As to priority of mechanics' liens over liens of mortgage,
see Kerr's Cyc. C. C. P. § 1192 and note.

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

§2899. ORDER OF RESORT TO DIFFERENT FUNDS.

Where one has a lien upon several things, and other persons

1447



§ 2899 CIVIL CODE. [Div.III,Pt.IV.

have siibordinate 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 follow-
ing 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 subordi-
nate 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.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 19 pars, annotation.

61 C. 396, 399 (applied but erroneously cited as § 2809); 114 C.
537, 541, 46 P. 462 (construed and applied); 119 C. 283, 296, 63
A. S. 108, 109, 51 P. 2, 542 (construed and applied); 119 C.
352, 354, 355, 51 P. 544, 949 (construed and applied); 135 C. 113,
117, 67 P. 40 (construed and applied); 139 C. 350, 352, 361, 63
P. 335, 73 P. 159 (construed and applied); 141 C. 11, 12, 74 P.
356 (construed and applied); 142 C. 554, 557, 100 A. S. 145, 76
P. 388 (construed and applied).

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

As to doctrine of marshaling assets in general, see 59 A. R.
389; 11 A. D. 799; 5 L. 280, 281.

As to marshaling grantor's assets in favor of grantee, see
13 L. 724.

As to marshaling of assets as affecting priority of state or
United States claims, see 29 L. 248.

As to partnership and separate creditors, marshaling assets
between, see 54 A. D. 203; 46 A. D. 447.

As to subsequent mortgagee, when he may compel marshaling
of assets, see 90 A. D. 607.

1448



* Tit.XIV,ch.I,art.V.] SUBROGATION. §2903



ARTICLE V.

REDEMPTION FROM LIEN.

§ 2903. Right to redeem. Subrogation.

§ 2904. Rights of inferior lienor.

§ 2905. Redemption from lien, how made.

§2903. RIGHT TO REDEEM. SUBROGATION. Every
person, having an interest in property subject to a lien, has
a right to redeem it from the lien, at anj^ time after the
claim is due, and before his right of redemption is fore-
closed, and, by such redemption, becomes subrogated to all
the benefits of the lien, as against all owners of other inter-
ests in the property, except in so far as he was bound to
make such redemption for their benefit.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 417.
held unconstitutional, see history, § 4 ante; amendment re-
enacted March 21, 190.5, Stats, and Amdts. 1905, p. 617.

See Kerr's Cyc. C. C. for 20 pars, annotation.

61 C. 405, 429 (erroneously cited in dis. op. for §2993); 79 C.
115, 120, 19 P. 532, 21 P. 610, 3 L. 754 (construed and applied);
80 C. 348, 355, 22 P. 200, 202 (construed and applied); 95 C.
184, 195, 196, 201, 203, 27 P. 30, 31, 30 P. 213, 214, 16 L. 646 (con-
strued and applied).

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

As to actions for redemption, who are entitled to maintain,
etc., see Kerr's Cyc. C. C. P. § 347 and note.

As to foreclosure of pledgee's right of redemption, see Kerr's
Cyc. C. C. § 3011 and note.

As to limitation of right to redeem, see Kerr's Cyc. C. C. P.
§ 346 and note.

As to redeeming mortgage of real property with or witliout
account of rents and profits, see Kerr's Cyc. C. C. P. § 346 and
note.

As to right of redemption of real property, see Kerr'.s Cyc.
C. C. P. §§ 701-707 and notes.

As to who are redeemers on sales of real property, see Kerr's
Cyc. C. C. P. § 701 and note.

1449



§§ 2904, 2905 CIVIL CODE. [Div.III.Pt.IV.

§2904. EIGHTS 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, upon sat-
isfying the claim secured thereby.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 28 pars, annotation.

78 C. 600, 603, 604, 12 A. S. 118, 21 P. 365, 366 (construed and
applied).

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

As to priority of liens in general, see 9 L. 481; 20 L. 719.

As to subrogation of junior mortgagee of superior liens, see
6 L. 73.

§2905. REDEMPTION FROM LIEN, HOW MADE. Re-
demption from a lien is made by performing, or offering to
perform, the act for the performance of which it is a secu-
rity, and paying, or offering to pay, the damages, if any,
to which the holder of the lien is entitled for delay.

History: Enacted March 21, 1872.

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

11 P. 781, 782 (construed and applied with §§1485 et seq.);
101 C. 545, 548, 36 P. 106 (construed and applied); 39 P. 781; 80
F. 62 (what mode of offering is applicable to offers of per-
formance which operate a redemption).

As to action to redeem mortgage upon real property with or
without an account of rents and profits, see Kerr's Cyc. C. C. P.
§ 346 and note.

As to actions for claim and delivery, see Kerr's Cyc. C. C. P.
§§ 509 et seq. and notes.

As to extinguishment of liens by lapse of time, see Kerr's
Cyc. C. C. § 2511 and note.

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



1450



Tit.XIV,ch.I,art.VI.] EXTINCTION. §§ 2909, 2910

ARTICLE VI.
EXTINCTION OF LIENS.

§ 2909. Lien deemed accessory to the act whose performance it

secures.
§ 2910. Extinction by sale or conversion.
§ 2911. Lien extinguished by lapse of time under statute of

limitations.
§2912. Apportionment of lien.
§ 2913. Wlien restoration extinguishes lien.

§2909. LIEN DEEMED ACCESSORY TO THE ACT
WHOSE PERFORMAJfCE IT SECURES. A lien is to be
deemed accessory to the act for the performance of which
it is a security, whether any person is bound for such per-
formance or not, and is extinguishable in like manner with
any other accessory obligation.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

104 C. 10, 12, 37 P. 626: 122 C. 413, 416, 55 P. 145 (construed
and applied with other sections).

As to extinguishment of Hen by lapse of time, see Kerr's
Cyc. C. C. § 2911 and note.

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

§2910. EXTINCTION RY S.VLE OR C(»NYERSIO\. The

sale of any property on which there is a lien, in satisfaction
of the claim secured thereby, or in case of personal prop-
erty, its wrongful conversion by the person holding the lir-n.
extinguishes the lien thereon.

HlHtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

74 C. 250, 255, 5 A. S. 435. 14 P. 369, 371, 15 P. 773 (construed
and applied); 87 C. 15, 21 (erroneously cited as §29), 25 P. 161,
162 (correct citation); 100 C. 30, 37, 34 P. 671, 672 (construed
as not applying): 111 C. 180, 185, 43 P. 595 (construed and
applied); 117 C. 364, 368, 49 P. 204 (construed and applied): 53
P. 404 (applied); 122 C. 279. 2S3. 68 A. S. 30, 54 P. 844 (con-

1451



§ 2911 CIVIL CODE. [Div.III,Pt.IV.

strued and applied); 122 C. 413, 416, 55 P. 145 (construed and
applied with other sections); 124 C. 282, 288, 71 A. S. 58, 57 P.
84 (construed and applied); 142 C. 529, 542, 543, 76 P. 243 (con-
strued and applied).

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

As to means prescribed by code of extinguishing liens being
exclusive, see Kerr's Cyc. C. C. § 2909 and note par. 10.

As to trover liy lien-holder, see 52 A. D. 678.

As to waiver of lien by refusal to deliver property, see 63
A. D. 413, 414.



§2911. LIEN EXTIAGUI8HED BY LAPSE OF TIME
UJVDEK STATUTE OF LIMITATIONS. A lien is extinguished
by the lapse of time within which, under the provisions of
the code of civil procedure, an action can be brought upon
the principal obligation.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 38 pars, annotation.

56 C. 342, 343 (construed and applied); 58 C. 147, 151, 152
(construed and applied): 66 C. 332, 336, 5 P. 588 (construed and
applied); 72 C. 307, 311, 13 P. 866, 867 (construed and applied);
92 C. 382, 387 (applied but erroneously cited as § 2711), 28 P.
573, 575 (correct citation); 115 C. 170, 176, 46 P. 923 (referred
to with §3716 Pol. C); 116 C. 254, 259, 48 P. 73, 74 (construed
and applied); 120 C. 220, 222, 223, 65 A. S. 179, 52 P. 583 (con-
strued and applied); 53 P. 404 (applied); 53 P. 907, 908, 911
(construed and applied); 122 C. 413, 416, 418, 55 P. 145 (con-
strued and applied with other sections); 124 C. 509, 512, 57 P.
387 (construed and applied); 131 C. 437, 439, 63 P. 727 (con-
strued and applied with § 3339 C. C. P.); 132 C. 421, 423, 428, 84
A. S. 53, 64 P. 705 (construed and applied with § 3337 C. C. P.);
137, C. 384, 385, 386, 70 P. 223 (construed and applied with § 1339
C. C. P.); 140 C. 16, 20, 21, 73 P. 625 (construed and applied); 142
C. 471, 475, 76 P. 35 (construed and applied); 142 C. 477, 480,
76 P. 67 (construed and applied); 144 C. 361, 77 P. 973 (applied);
144 C. 574, 577, 578, 78 P. 5 (construed and applied); 152 C. 419,
421, 93 P. 114 (contracts of mortgage and pledge are subject
to provisions of this section, expressly made so by § 2877); 1 C.
A. 637, 643, 82 P. 982 (applied — right to enforce lien is barred
when).

As to extension of time, renewal, etc., required to be in writ-
ing, see Kerr's Cyc. C. C. § 2922 and note.

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

1452



Tit.XIV,ch.I,art.VI.] apportionment. §§ 2912, 2913

As to means prescribed by code of extinguisliing liens being
exclusive, see Kerr's Cyc. C. C. § 2909 and note pars. 4, 5.

As to right to foreclose being barred when right to redeem
is barred, see Kerr's Cyc. C. C. § 2911 and note.

As to the requirements or formalities required for creation,
renewal, or extension of mortgage, see Kerr's Cyc. C. C. § 2922
and note.

As to time within which action may be brought upon claims
and obligations, in general, see Kerr's Cyc. C. C. P. § 339 and
note.

§2912. APPOKTIOi>"MEKT OF LIE^'. The partial per-
formance of an act secured by a lien does not extinguish the
lien upon any part of the property subject thereto, even if
it is divisible.

History: Enacted March 21, 1872.

122 C. 413, 416, 418, 55 P. 145 (construed and applied with
other sections).

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

As to means prescribed by code of extinguishing liens being
exclusive, see Kerr's Cyc. C. C. § 2909 and note par. 10.

§2913. WHEN BESTOHVTIOX EXTINGUISHES LIEN.

The voluntary restoration of property to its owner by the
holder of a lien thereon dependent upon possession extin-
guishes the lien as to such property, unless otherwise agreed
by the parties, and extinguishes it, notwithstanding any sucli
agreement, as to creditors of the owner and persons, subse-
quently acquiring a title to the property, or a lien thereon,
in good faith, and for value.

HLstory: Enacted March 21, 1872: amended March 30, 1874,
Code Amdts. 1873-4, p. 260; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 417, held uncon-
stitional, see history, § 4 ante; amendment re-enacted Marcli
21, 1905, Stats, and Anidts. 1905, p. 617.

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

59 C. 154, 159, 168, 43 A. R. 245 (construed and applied); 99
C. 516, 518, 33 P. 1081, 1082; 122 C. 413, 416, 418, 55 P. 145 (con-
strued and applied with other sections).

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

As to means prescribed by code of extinguishing liens being



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