A Treatise on the Law of Liens: Common Law, Statutory, Equitable and Maritime, Volume 1Bobbs-Merrill, 1914 - Liens |
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Other editions - View all
Common terms and phrases
adverse party affd agreed agreement amount attor attorney's lien Bank banker Barb bill of lading carrier cause of action charge charging lien charter-party claim client Code Colo common law compensation Conn consignee contract corporation court of equity creditor Daly N. Y. debt defendant entitled equitable assignment equitable lien favor fees freight fund give hands Heisk held Hun N. Y. Iowa judgment debtor Kans land lien attaches Lumber Maine Mass ment Minn Miss mortgage N. J. Eq N. Y. St Nebr notice obtained owner paid papers payment person plaintiff plaintiff's attorney possession Proc proceeds prosecute purchase received recovered rendered Sections-Vol set-off settlement Smith solicitor Stats statute statutory lien subrogation suit tion torney trust
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...