 | United States. Supreme Court - 1827 - 682 էջ
...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 էջ
...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 էջ
...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...court of law or equity, to a subsequent claimant. Take the common case of mortgages. It has never been supposed, that a subsequent mortgagee could, by... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 էջ
...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... | |
 | Florida. Supreme Court - 1848 - 786 էջ
...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 էջ
...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 էջ
...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...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 his mortgage... | |
 | Herbert Broom - 1852 - 616 էջ
...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 էջ
...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... | |
 | Georgia. Supreme Court - 1860 - 776 էջ
...State, or both, to prevent it,) it being a prior lien, it "gives a prior McNair vs. Bateman and Talton. claim, which is entitled to prior satisfaction out...proceeding on it, until a subsequent lien has been attained and carried into execution, has never been considered such an act." Pankin vs. Scott, 12 Wheat.... | |
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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... 
