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

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Beard Books, Jul 1, 2000 - Law - 736 pages
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Lawyers will find it a fascinating experience to delve into this early comprehensive treatment of an important legal subject. A lien at law is an implied obligation whereby real or personal property is bound for the discharge of a debt. The name lien was not used until early in the eighteenth century, but the right existed as early as the reign of Edward IV as a right of retainer. Covered here in detail, spanning two volumes, are the types of property to be affected and the classes of persons in whose favor the liens arise. Extensive coverage is given to mechanics liens.
 

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Contents

VI Verification of the Claim or Demand of Lien
369
VII Amendment of the Claim or Demand of Lien
371
PRIORITY AS REGARDS MORTGAGES AND OTHER INCUMBRANCES AND LIENS
372
II As Regards Vendors Liens
390
IV As between Different Lienors
392
MECHANICS LIENS ASSIGNMENT OF 14931499
394
WAIVER AND LOSS OF
399
II By Abandoning the Contract
405

II By Statute
80
CHAPTER XXVII IMPROVEMENT LIENS OF JOINT TENANTS TENANTS IN COMMON AND TENANTS TOE LIFE OR FOR YEARS
92
II Of Tenants for Life and for Years
99
II6311a
102
11751183
109
11841233
114
CHAPTER XXXI MECHANICS LIENS CONTRACT OR CONSENT OF OWNER
228
THE CONTRACT OR CONSENT OF A MARRIED WOMAN
249
III Contract or Consent of Lessor or Lessee
258
CHAPTER XXXII MECHANICS LIENS OF SUBCONTRACTORS
269
II Subrogation through Notice to the Owner
271
III Direct and Absolute Lien upon the Property
284
IV Application of Payments
288
FOE WHAT LABOR AND MATERIALS GIVEN
290
II When Contracts or Accounts are Mingled
298
III Work done away from the Premises
300
V Fixtures to the Realty
307
VI Things not Connected with the Realty or Improvements upon It
316
VI Artisans and Mechanics Untitled to Liens
320
WHAT PROPERTY IS SUBJECT TO
324
II Building alone Subject to
327
III Property Exempt on Grounds of Public Policy
328
IV Homestead Estates
332
V Fixtures to the Realty
333
THE CLAIM CERTIFICATE OR NOTICE
337
II The Name of the Owner
340
III Amount and Particulars of Claim
344
IV Description of the Land upon which a Lien is Claimed
352
V Time Limited for Filing the Lien
356
III By Taking Security
408
IV By taking the Debtors Promissory Notes
414
V By Destruction of the Building or Improvement
419
VI By Subsequent Conveyance
421
VI By the Bankruptcy or Insolvency of the Debtor
423
VIII By Bar of Debt under the Statute of Limitations
425
IX By a Personal Judgment
426
MECHANICS LIENS PROCEEDINGS TO ENFORCE
427
II General Rules of Construction
428
III Nature of the Suit to Enforce the Lien
431
IV Commencement of the Suit and Service
434
V Parties to the Suit
436
VI Pleadings and Practice
446
VII Judgment and Sale
455
CHAPTER XL LIENS OF MECHANICS AND OTHERS UPON RAILROADS
459
II Special Lien Laws applicable to Railroads
467
III Statutes of the Several States Creating Liens upon Railroads
470
IV Vendors Lien
500
V Judgment Lien
502
MARITIME LIENS
504
II Liens in Home and Foreign Ports
506
III What Supplies and Advances create Maritime Liens
517
IV What Services are Maritime and Create Liens
521
V Construction and Home Port Liens under Statutes
533
VI For Damages Arising from Torts
565
VII Priorities
567
VIII Assignments
579
IX Waiver and Loss
580
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