BAILMENT 289 



previous to the sale, if the animal be sold without 

 such notice the owner can recover possession with- 

 out paying the lienj^ 



240. Waiver of Lien. As a general rule a lien 

 is lost when the bailee parts voluntarily with pos- 

 session; he abandons his lien thereby.^^ But if 

 an agister temporarily leaves the stock to be 

 herded by another, and the stock be driven off 

 by the owner in his absence, the lien is not lost.'^^ 

 A tender of the amount really due under the lien 

 extinguishes the lien, though the bailee may sue 

 for the larger amount claimed.'^ ^ As previously 

 mentioned, a lien may be lost by putting the ani- 

 mal to work, or by unlawful sale. The lien is also 

 lost by refusal to deliver on some other ground, or 

 by an agreement to give credit, or by sending word 

 simply to come and get the animal held. (§ 82.) 



241. Illegal Sale by Bailee. The finder of an 

 article lost has a title thereto subject only to the 

 right of the owner; but a bailee has no real title 

 to the things in his possession. If, therefore, the 

 bailee should unlawfully sell animals in his pos- 

 session he can give no title thereto, and the owner 

 may recover possession from the third party, who 

 may have been a bona fide purchaser, who may 

 have bought in ignorance of the vendor's lack of 



75 Bailey v. O 'Fallon, 30 Col. Ernst, 34 Neb. 482, 51 N. W. 



419, 70 Pac. 755. 1032; Cardinal v. Edwards, 5 



T6 Fishell V. Morris, 57 Conn. Nev. 36. 



547, 18 Atl. 717; Wright v. 77 Willard v. Whinfield, 2 



Waddell, 89 Iowa, 350, 56 N. Kas. App. 53, 43 Pac. 314; 



W. 650; Danforth v. Pratt, 42 Weber v. Whetstone, 53 Neb. 



Me. 50; McPherson First Nat. 371, 73 N. W. 695. 



Bank v. Barse Live S. Com. Co., 78 Berry v. Tilden, 70 Mo. 



61 Mo. App. 143; Powers v. 489. 

 Botts, 58 Mo. App. 1; Kroll v. 



