Principles of the American Law of Real Property; For the Use of Students

Principles of the American Law of Real Property; For the Use of Students

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...are merely the different forms that liens and charges may assume. While it is diflieult to define a lien without describing it as a charge, and while to some extent the two terms connote the same ideas, we may yet discern a substantial diifercnce between them. A lien has been defined as a hold or claim which one person has upon the property of another as a security for some debt or obligation?" But this definition, although not inexpressive of liens upon land, is derived from the law of bailments and grew out of the right of detention of personal property. When applied to land a lien seems to indicate a preferred or privileged claim for the satisfaction of which the land stands as a surety. It may result from the agreement of the parties, or be given by statute, or arise through implication of law, but however created it is not a right of property in the thing to which it attaches. The ownership of land, and the incidental rights which such ownership confers, are not materially aifected." A charge, in legal eifect, is the same as a lien, and the two terms are usually employed as interchangeable expressions. We may, however, distinguish between them in the way they aifect land, the word "lien" being the stronger of the two. For this reason the word "charge" is to be preferred in speaking of certain phases of incumbrance. Thus, we may say that a judgment creates a lien upon the lands of the judgment debtor, but the lands of a husband are charged with the inchoate dower rights of the wife. Liens are classified as legal and equitable. The latter are raised only by implication of law and may be enforced or denied as the merits of each particular case may seem to demand. The most conspicuous example of this...
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Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236788443
  • 9781236788443