 | 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
...to 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... | |
 | United States. Supreme Court - 1845 - 852 էջ
...of the universal principle as laid down by the Supreme Court in Rankin v. Scott, 12 Wheaton, 179, " that a prior lien gives a prior claim, which is entitled to a prior satisfaction out of the subject it binds," unless it be defective, or the party holding it... | |
 | Arkansas. Supreme Court - 1853 - 884 էջ
...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...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 and carried... | |
 | 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 - 1848 - 702 էջ
...Rankin if Sehatzell vs. Seott, 12 Whcaton, 177, says : " The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to satisfaction." " Every judgment," say the Court in Liacbic rs. Loiendes, 1 Say, 213, "binds for the... | |
 | Georgia. Supreme Court - 1851 - 716 էջ
...through 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
...their 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... | |
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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... 
