 It seems to me a clear result of all the authorities that wherever the parties, by their contract, intend to create a positive lien or charge, either upon real or personal property, whether then owned by the assignor or contractor, or not, or if personal...  A Treatise on the Law of Mortgages of Real Property - Side 109av Leonard Augustus Jones - 1882Uten tilgangsbegrensning - Om denne boken
 | Nathan Howard (Jr.) - 1857 - 614 sider
...then owned by the assignor or contractor or not, or if personal property, whether it is then in being or not, it attaches in equity as a lien or charge...thereto under him, either voluntarily or with notice of its bankruptcy." The same doctrine is also asserted in substance by Vice-Chancellor WIGRAM, in Langton... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 710 sider
...owned by the assignor or contractor, or not ; or, if personal property, whether it is then in being or not, it attaches, in equity, as a lien or charge...the assignor or contractor acquires a title thereto. t& 5. Hence, a grant of particular lands to be acquired in futuro is valid, and takes effect as a specific... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859 - 654 sider
...then owned by the assignor or contractor, or not, or, if personal property, whether it is then in esse or not, it attaches in equity as a lien or charge...either voluntarily, or with notice, or in bankruptcy. STORY, J., in Mitchell v. Winslow, 2 Story R. 630, 638, 644, and cases there cited." All distinctions... | |
 | Thomas Nesbitt McCarter - 1865 - 616 sider
...property, whether then owned by the assignor or not, or if personal property, whether it is then in ease or not, it attaches in equity as a lien or charge...either voluntarily or with notice, or in bankruptcy." These cases, I think, in principle clearly control the present case, and I am quite satisfied to rest... | |
 | 1889 - 546 sider
...contractor or not, or if personal property, whether it is then in esse or not, it attaches iu equity a lien or charge upon the particular property as soon...persons asserting a claim thereto under him, either voluntary or with notice, or in bankruptcy." This rule has been followed in Pennook v. Coe, 23 How.... | |
 | 1917 - 498 sider
...then owned by the assignor or contractor or not, or, if personal property, whether it is then in esse or not, it attaches in equity as a lien or charge...the assignor or contractor acquires a title thereto, may be so well defined as to pass an equitable interest. Tailby v. Official Receiver (1888) 13 App.... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1875 - 796 sider
...personal property, whether it is then in esse or not, it attaches as a lien in equity or charge upon particular property, as soon as the assignor or contractor...persons asserting a claim thereto, under him, either voluntary or with notice. See, also, 2 Story's Eq. Jurisprudence, sec. 1021 ; Cross on Liens, 187,... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 sider
...owned by the assignor or contractor or not, or if personal propert}-, whether it is then in esseor not, it attaches in equity as a lien or charge upon...either voluntarily, or with notice, or in bankruptcy." And this would seem to be the doctrine on which IMroi/d v. Marshall, 9 Jur. MS 213, was decided by... | |
 | 1904 - 1038 sider
...then owned by the assignor or contractor or not, or, if personal property, whether it is then in esse or not, it attaches in equity as a lien or charge...contractor acquires a title thereto against the latter, and against all persons asserting a claim thereto under him, either voluntarily or with notice or in bankruptcy."... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 sider
...assignor or contractor or not, or, if personal property, whether it is then in being or not, the contract attaches in equity, as a lien or charge upon the particular...the assignor or contractor acquires a title thereto. Seymour v. Railroad Co., 25 Barb. 284; Curtis v. Auber, 1 Jac. & W. 531 ; Langton v. Harton, 1 Hare,... | |
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