People v. Adams

MARKS, J., Concurring.

I concur.

I concur, but wish to amplify one of the grounds of my concurrence.

Holmes was paid in full for all of his fruit. Mrs. Prescott could only claim a lien upon that fruit while it was in her possession under the provisions of section 3051 of the Civil Code. The lien was extinguished when she voluntarily delivered possession of the Holmes oranges to Photo (Civ. Code, sec. 2913) and was not revived when she regained possession of them. (Davis v. Young, 75 Cal. App. 359 [242 Pac. 743] ; Covington v. Grant, 82 Cal. App. 749 [256 Pac. 213] ; Lundblade v. Pierce, 95 Cal.…