A Treatise on the Law of Liens: Common Law, Statutory, Equitable and Maritime, Volume 1

Front Cover
Bobbs-Merrill, 1914 - Liens
 

Contents

Lien confers no right of prop 23 The possession must be right
10
Grantor not a necessary par
12
Maryland
14
Estoppel of lienor by
18
CHAPTER II
23
Sec
24
Sec
26
equitable liens 32 Intention to create lien
28
Account to show the amount 1430 Filing statement premature
33
Lien on changing stock of 58 Lien of holder of bill of
36
Equitable lien on future prop ficient to create equitable
42
Creditors lien on money in 70 Equitable lien will not arise
49
No lien for machinery fur
53
Bill of exchange not an equi gation
55
Taking security only pre
59
Where the owner dies
69
Surety has no lien on estate 86 Superiority of lien of corpo
76
Petition or complaint to sub
79
1614a Receivers pone execution
80
Equitable lien in favor of owner of trust fund
81
Agreement of purchaser of tion
82
Estoppel of vendor
87
Priorities
91
Subrogation to the lien
93
Lien of legatee for support 1174 Lien of debts on land
94
1507a Waiver by surety on con
96
What the complaint must
97
Statutory lien may be modi
99
Sec
106
Attorneys lien does
111
Lien covers general balance
117
Contract or consent of the 1254 Consent of owner implied
119
Lien not affected by clients
123
award
130
Attorney can not hold entire
136
Missouri 1666 Rhode Island
138
Sec
139
Maryland
146
Attorneys lien upon a judg 178 Michigan
153
No lien in several states 189a North Dakota
159
Attorneys lien limited to tax 190a Texas
165
Colorado 193 No lien until judgment is
171
Averments in the complaint
180
Complaint to show that
186
South Carolina
190
Washington
196
Kansas 198 Settlement by parties will
203
No priority among different
240
No lien on trust securities 256 No lien on securities casually
249
CHAPTER XXXVII
250
Lien in favor of cestui que trust upon securities
252
Whether creditor has lien on property purchased by his debtor
253
Lien attaches only to securi
257
177b Maine case
260
No equitable lien on account of money expended in re moving incumbrances
261
Nature and extent of lien as doctrine
263
No lien on box containing se sponding bank
269
CHAPTER XXX
271
No lien before commence 290 Lien for import duties paid
275
Rank of maritime liens
283
One not a common carrier agent
287
Consent of owner to im credit
292
Guaranty not binding on con 317 Lien continues when posses
294
The carriers lien can not be 331 Lien defeated by injury
307
MARITIME LIENS
314
session
332
Michigan 1209 Minnesota 1210 Mississippi 1185 Lien reserved contract by written 1211 Missouri 1212 Montana 1213 Nebraska 1186 Plan of statin...
334
Rank of bottomry bond 1809 Accepting longtime note
360
459a Liens for water furnished for 469 Revival of the lien
369
Exception to the rule
373
Sec
375
Lien can only be authorized of stock
381
Lien not destroyed by
382
PRIORITY AS REGARDS MORTGAGES AND OTHER
386
Enforcement of lien on hold has waived its lien
387
The word indebted 416 Payment of debt discharges
393
Prior lien for supplies pre
397
Florida
399
Georgia
400
Idaho
401
Lien cut off by sale under 1549 Lien for balance after a div
403
Mechanics lien assignable
410
459k Washington goods
416
Sec
418
Assignment of note for lien
422
Extent of insurance brokers 445 Debt is foundation of agents
424
Effect of factors assignment 453 Lien for advancement on crop
430
Finder entitled to a portion 496 Waiver of reward for lost
434
Loss of temporary possession signees lien
468
1220a Oklahoma 1221 Oregon 1222 Pennsylvania
473
Sec
483
Sec
498
No lien on a horse unless it 523 Lien waived by unlawful sale
504
CHAPTER XII
508
Lien not lost by changing
509
Property exempt from exe 527 Connecticut
510
Lien secures only reasonable 531c Michigan
516
Interest of lessor not sub 1282 Rule in Pennsylvania
517
Louisiana
536
Grain corporation not a pub estate not subject to lien
537
Sec
540
Rule in Missouri
546
Lien of a distress warrant tenants property
552
mortgage lien
575
When lien does not arise
597
Lien may exist for taking
604
Maine
607
MarylandDistress for rent
622
Minnesota 633 Pennsylvania continued
624
New Mexico nishers liens
630
Sec
641
Alabama 665 Minnesota
647
District of Columbia 672 New Mexico
653
New York 691 Prior chattel mortgage
654
1781a Decree for damages in col
668
Pennsylvania times held superior to lien
676
Wyoming 695 Mortgage by owner while
682
No lien where keeper keeps 700 Acts of ownership by lien
688
Sec
702
Maine 721 Rule by statutes in some
705
New Hampshire 727 Priority of lumbermans lien
715
labor depend on statutes 730b Continuous services under
721
Sec
731
Owner can have no lien
732
The lien belongs strictly to 743a Workman must observe
737
Possession of an officer is 768b Oklahoma
746
1101a Vesting of lien on death
750
Lien discharged by payment
758
Kansas 779b Colorado
759
Member of partnership has 794 Dissolution of partnership
787
Partners may pay debts of in real estate
793
Sec
800
Sellers lien depends on his delivery
806
1103a Recovery of attorneys
815
Lien by contract is good only 838 Delivery of part only
817
Delivery by warehouse re ers lien
823
goods is not a delivery tract
829
Sec
830
Rule sometimes stated goods sold at auction
836
Lien by contract not a ven
842
Right of seller to stop goods 877 No right of stoppage where
857
Vendors sale of the goods 881 Vendors right of stoppage
863
Who may exercise the right of buyers insolvency
869
Unaccepted orders on
870
from other goods show that goods were sold
873
General agents right in be the carrier
875
CHAPTER XXVII
880
with possession of goods at be made agent of buyer
882
1513a Prevention of completion
892
Duty of shipowner to notify 910 Delivery to carrier may
893
Right not prevented by pro vendee repudiates the pur
906
Rule by statutes in a
924
Not material that the carrier
927
Transit ends when consignee put in warehouse used
928
Customs officer is not a mid 952 Fraudulent sale of the bill
934
Right of vendee to construc
940
Delivery to carrier sometimes long as carrier holds
947
When carrier made agent of lading
961
Legal effect of title bonď
976
Building as part of realty 1471 Application of rule in favor
978
CHAPTER XIX
981
Reservation of lien in deed
985
Forfeit of lien by lienhold 991 Equitable lien pased by
986
Intention as affecting waiv taking legal lien
999
CHAPTER XX
1003
Lien reserved
1009
waiver mixed with other claims
1013
Sec
1014
Taking debtors note not
1024
CONTENTS OF VOLUME II
1042
Land subject to lien
1043
Lien dates from commence work
1044
Sec
1061
In whose favor the lien ex ruptcy in property subject
1067
Evidence to show note was 1087 Waiver by taking a mort
1073
Copyright

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Popular passages

Page 781 - ... a person who makes, alters, or repairs any article of personal property, at the request of the owner, or legal possessor of the property...
Page 170 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.
Page 268 - Every person who, while lawfully in possession of an article of personal property renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage...
Page 493 - After the time for the payment of the claim specified in the notice to the depositor has elapsed an advertisement of the sale, describing the goods to be sold and stating the name of the owner or person on whose account the goods are held and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the place where such sale is to be held.
Page 74 - The creditors have a lien upon it in equity. If diverted, they may follow it as far as it can be traced, and subject it to the payment of their claims, except as against holders who have taken it bona fide for a valuable consideration and without notice.
Page 905 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 8 - It is true, that in discussions in Courts of Equity, a mortgage is sometimes called a lien for debt. And so it certainly is, and something more; it is a transfer of the property itself, as security for the debt. This must be admitted to be true at law, and it is equally true in equity, for in this respect equity follows the law. It does not consider the estate of the mortgagee as defeated and reduced to a mere lien, but it treats it as a trust estate, and according to the intention of the parties,...
Page 170 - The compensation of an attorney or counsellor for his services, is governed by agreement, express or implied, which is not restrained by law.
Page 405 - Any person, company or association, furnishing water for any tract of land, shall have a first and prior lien on said water right and land upon which said water is used, for all deferred payments for said water right; said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and possessor of said land...
Page 626 - Lord 1710, no goods or chattels whatsoever, lying or being in or upon any messuage, lands, or tenements, which are or shall be leased for life or lives, term of years, at will or otherwise, shall be liable to be taken by virtue of any execution...

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