Wingard v. Banning

Citations

• 39 Cal. 543
• 1870 Cal. LEXIS 97

Syllabus

<p>Lien—Action to Enforce—Party to.—In an action to enforce a lien on property in the adverse possession of a third person, the picrson in possession must ho made a party defendant; otherwise the judgment, as to him, is void.</p> <p>Lien fop. Delight—Abandonment of. — Thelie.iof a common carrier for freight or transportation of property, is lost by the voluntary surrender of the pessession.</p> <p>Idem.—If a common carrier sues out, and procures to be levied, a writ of attachment against property on which he has a lion for freight, he thereby abandons and 1'orl'oits Ms lien.</p> <p>Idem - -Property Held Adverse to.—When a party holds a lien on property which lie claims is wrongfully in the possession of a third party, his remedy is by an action to recover the possession or for a wrongful conversion.</p>