Voluntary delivery of property as abandonment of lien; waiver by special contract

58-215. Voluntary delivery of property as abandonment of lien; waiver by special contract. The voluntary delivery to the owner or claimant of any personal property by any person claiming a lien thereon, as provided in this act, shall be held to be an abandonment of such lien, and such lien may also be waived by special contract. History: G.S. 1868, ch. 58, § 10; L. 1872, ch. 142, § 10; March 21; R.S. 1923, 58-215. CASE ANNOTATIONS 1. Indicates possession is essential to lien. Loader v. Bank, 113 Kan. 718, 719, 216 P. 264. 2. Lien lost by surrendering cattle to owner. Hoy v. Griffin, 137 Kan. 872, 875, 22 P.2d 449. 3. Agister's lien claimed under K.S.A. 58-207; abandoned by voluntary surrender of horses. Chasteen v. Childers, 218 Kan. 519, 524, 525, 546 P.2d 935. 4. Lien waived; failure to file lien statement; possession of race car voluntarily surrendered. Weatherhead v. Boettcher, 3 Kan. App. 2d 261, 262, 594 P.2d 257. 5. Basic legal principles of personal property liens reviewed; common-law requirement of possession still overriding consideration. Northeast Kansas Prod. Cred. Ass'n v. Ferbache, 236 Kan. 491, 494, 693 P.2d 1152 (1985). 6. Violation of consumer protection act (K.S.A. 50-623 et seq.) held not to defeat a valid mechanic's lien; question of holding vehicle until repairs paid examined. Farrell v. General Motors Corp., 249 Kan. 231, 246, 815 P.2d 538 (1991).