LIEN OF AGISTORS AND TRAINEES. 443 



A person hired as a groom has not a lien as such, but he 

 has a lien for feed, keeping and shoeing which should have 

 been furnished by the owner.^^^ 



The question of the priority of liens has been already dis- 

 cussed. ^^^ 



There are various ways in which the lien may be waived or 

 surrendered. It is lost by voluntarily delivering the animals 

 to their owner.^^'' But when the agistor leaves the stock to 

 to be herded temporarily by another and they are driven off 

 during his absence by the owner or one having a special 

 property in them and the agistor at once demands their 

 return, he does not lose his lien.^^® And where, at the ex- 

 piration of the time for which the agistor had agreed to keep 

 cattle, he delivered a portion to the owner, retaining the 

 remainder as security for his claim, it was held that he did 

 not lose his lien for the keep of those delivered by surrender- 

 ing them, but was entitled to hold those retained for the 

 whole amount due.^^® The lien is also lost by the agistor's 

 denying the owner's title; '^" by his attempting to justify in 

 replevin under the stray law; ^^^ by his making a sale of the 

 stock without complying with the statute; ^^^ and by his 

 accepting less than the amount of the claim in full payment, 



^^ Hoover v. Epler, 52 Pa. St. 522. And see Skinner v. Caughey, 64 

 Minn. 375. 



'=' See § 38, supra. 



""First Nat. Bk. v. Barse Commn. Co., 61 Mo. App. 143; Seebaum v. 

 Handy, 46 O. St. 560; KroU v. Ernst, 34 Neb. 482; Estey v. Cooke, 12 

 Nev. 276. 



"' Willard v. Whinfield, 2 Kan. App. 53. And see Weber v. Whetstone, 

 53 Neb. 371. 



"° Barse Live Stock Commn. Co. v. Adams (Ind. Ty.), 48 S. W. Rep. 

 1023. He was, accordingly, held entitled to recover from a mortgagee, 

 who seized the portion retained by replevin, the amount due on the whole 

 herd and the value of the keep of those retained from the expiration of 

 the time agreed on to the date of their seizure. 



•""Williams V. Smith, 153 Pa. St. 462. 



"• Workman v. Warder, 28 Mo. App. i. 



^°' Greenawalt v. Wilson, 52 Kan. 109. 



