 | United States. Supreme Court - 1827 - 682 страница
...to prior satisfaction out of the thing it binds, unless the lien be intrinsically defective, . or is displaced by some act of the party holding it, which shall postpone him at law or in equity. 8. C. . 179 3. Mere delay in proceeding to execution is not such an act. SC 16.... | |
 | Nathan Dane - 1829 - 956 страница
...to prior satisfaction out of the thing it binds, unless that lien be intrinsically defective, or is displaced by some act of the party holding it, which shall postpone him at law or in equity : 3. Mere delay in proceeding to execution, is not such act. In New York ; 1 Cowen,... | |
 | Pennsylvania. Supreme Court, William Rawle - 1831 - 488 страница
...entitled to'prior satisfaction, out of the subject it binds, unless the lien be intrinsi- • cally defective, or be displaced, by some act of the party...postpone him in a court of law or equity, to a subsequent claimant. Take the common case of mortgages. It has never been supposed, that a subsequent mortgagee... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 страница
...himself, under a younger judgment due to him. The court declared it as an " universal principle, that a prior lien gives a prior claim, which is entitled...satisfaction out of the subject it binds, unless the lien is intrinsically defective, or be displaced by some act of the party holding it, which shall postpone... | |
 | Arkansas. Supreme Court - 1853 - 884 страница
...long as the statute preserves it in force. He said, " The principle is believed to be universalthat a prior lien gives a prior claim, which is entitled...postpone him in a court of law or equity to a subsequent claimant. The single circumstance of not proceeding on it until a subsequent lien has been obtained... | |
 | Florida. Supreme Court - 1848 - 786 страница
...believed to be universal," (said Ch. J. Marshall, in Rankin & Schatzell vs. Scott. 12 Wheat., 177,) "that a prior lien gives a prior claim, which is entitled...satisfaction out of the subject it binds, unless the lien be instrinsically defective, or be displaced by some act of the party holding it, which shall postpone... | |
 | Georgia. Supreme Court - 1851 - 716 страница
...Ch. J. Marshalt, in Rankin Sf Schalrell vs. Scott, 12 Wheat. 177) is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject which it binds, unless the lien be intrinsically defective, or be displaced by some act df the party... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1882 - 758 страница
...claim be preferred ? The principle, says Chief Justice Marshall, is believed to be universal, that a prior lien gives a prior claim which is entitled...postpone him in a court of law or equity to a subsequent claimant. RanTcvn v. Scott 12 "Wheat. 177, 179. The finding contains no act of the plaintiff postponing... | |
 | Herbert Broom - 1852 - 616 страница
...registration of deed, see M'Neil T. Cahill. 2 Bligh, 228; Trull v. Bigelow, 10 Mass. R. (U. 8.) 406. jjrior lien gives a prior claim, which is entitled to prior satisfaction out of the fund upon which it attaches, unless such lien either be intrinsically defective, or be displaced by... | |
 | Herbert Broom - 1854 - 622 страница
...Marlborough, 2 P. Wms. 491, 495 ; cited, per Lord Hard•wicke, C., Willoughby v. Willoughby, 1 TR 778. prior lien gives a prior claim, which is entitled to prior satisfaction out of the fund upon which it attaches, unless such lien either be intrinsically defective, or be displaced by... | |
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The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which... 
