Lien accessory to act secured - Extinguishment

N.D.C.C. § 35-01-19 — under General Provisions.

N.D.C.C. § 35-01-19

A lien is accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.

35-01-20. Extinguishment of lien by sale or conversion of property - Mitigation of damages in conversion. The sale of any property in satisfaction of a lien, or in case of personal property, the wrongful conversion thereof by the person holding the lien, extinguishes the lien thereon. In an action for the conversion of personal property, the defendant may show in mitigation of damages the amount due on any lien to which the plaintiff's rights were subject and which was held or paid by the defendant or any person under whom the defendant claims.

35-01-21. Lien dependent on possession - Voluntary restoration of property extinguishes lien. The voluntary restoration of property to its owner by the holder of a lien which is dependent upon possession extinguishes the lien as to such property unless otherwise agreed by the parties, and notwithstanding any such agreement, extinguishes it as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration.