A Treatise on the Law of Liens, Common Law, Statutory, Equitable and Maritime
Jones, Leonard A. A Treatise on the Law of Liens, Common Law, Statutory, Equitable, and Maritime. Boston: Houghton, Mifflin and Company, 1894. Two volumes. xcix, 703; vi, 770 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. LCCN 2003052764. ISBN 1-58477-360-X. Cloth. $265. * Reprint of the revised and enlarged second edition. A lucid guide to a daunting area at a time when it was experiencing a rapid period of growth. Jones addresses liens created by recent statute and recent modifications to maritime liens and common-law liens on personal and real property. Noting that many new liens established by statute have never been asserted, and noting that court decisions depend on them, Jones states the relevant statute laws, often with fascinating commentary.
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A Treatise on the Law of Liens: Common Law, Statutory, Equitable, and Maritime
Leonard Augustus Jones
No preview available - 2015
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Page 123 - 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 whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order.
Page 30 - An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the extent of such interest.
Page 7 - 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 17 - An equitable lien arises either from a written contract which shows an intention to charge some particular property with a debt or obligation, or is implied and declared by a court of equity out of general considerations of right and justice as applied to the relations of the parties and the circumstances of their dealings.