Legal Term Dictionary

A resident ambassador.

A resident ambassador. Less...

Subjects.

Subjects. Less...

A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act. In every case in which property, either real or personal, is charged with the payment of a debt or duty, More...

A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act. In every case in which property, either real or personal, is charged with the payment of a debt or duty, every such charge may be denominated a lien on the property. Whitak. Liens, p. 1. A lien is a charge Imposed upon specific property, by which it is made security for the performance of an act Code Civil Proc. Cal. f 1180. In a narrow and technical sense, the term "lien" signifies the right by which a person in possession of personal property holds and detains it against the owner in satisfaction of a demand; but it has a more extensive meaning, and in common acceptation is understood and used to denote a legal claim or charge on prop erty, either real or personal, for the payment of any debt or duty; every such claim or charge remaining a lien on the property, although not in the possession of the person to whom the debt or duty is due. Downer v. Brackett, 21 Vt 60&, Fed. Cas. No. 4,043, And see Trust v.-Pirsson, 1 Hilt. (N. Y.) 296; In re Byrne (D. C.) 97 Fed. 764; Storm v. Waddell, 2 Sandf. Ch. (N. Y.) 507; Stansbury v. Patent Cloth Mfg. Co., 5 N. J. Law, 441; The Meno-minie (D. C.) 36 Fed. 199; Mobile B. A L. Ass'n v. Robertson, 65 Ala. 382; The J. Bl Rumbell, 148 U. S. 1, 13 Sup. Ct. 496, 37 L. Ed. 345. In the Scotch law, the doctrine of lien is known by the name of "retention," and that of set-off by the name of "compensation." The Roman or civil law embraces under the head of "mortgage and privilege" the peculiar securities which, in the common and maritime law and equity, are termed "liens." Classification. Liens are either particular or general The former is a right.to retain a thing for some charge or claim growing out of, or connected with, the identical thing. A general lien is a right to detain a chattel, etc., until payment be made, not only of any debt due in respect of the particular chattel, but of any balance that may be due on general account in the same line of business. A general lien, being against the ordinary rule of law, depends entirely upon contract, express or implied, from the special usage of dealing between the parties. Wharton. Crommelin v. Railroad Co., 10 Bosw. (N. Y.) 80; McKenzie v. Nevius, 22 Me. 150, 38 Am. Dec. 291; Brooks v. Bryce, 21 Wend. (N. Y.) 16. A special lien is in the nature of a particular lien, being a lien upon particular property; a lien which the holder can enforce only as security for the performance of a particular act or obligation and of obligations incidental thereto. Green v. Coast Line R. Co., "97 6a. 15, 24 S. Ew 814, 33 L. R. A. 806, 54 Am. St Rep. 379; Civ. Code Cal. 1903, f 2875." Liens are also either conventional or by operation of law. The former is the case where the lien is raised by the express agreement and stipulation of the parties, in circumstances where the law alone would not create a lien from the mere relation of the parties or the details of their transaction. The latter is the case where the law itself, without the stipulation of the parties, raises a lien, as an implication or legal consequence from the relation of the parties or the circumstances of their dealings. Liens of this species may arise either under the rules of common law or of equity or under a statute. In the first case they are called "common-law liens;" in the second, "equitable liens;" in the third, "statutory liens." Liens are either possessory or charging; the former, where the creditor has the right to hold possession of the specific property until satisfaction of the debt; the latter, where the debt is a charge upon the specific property although it remains in the debtor's possession. Othor compound and descriptive terms. -Attorney's lien. The right of an attorney at law to hold or retain in his possession the money or property of a client until his proper charges have been adjusted and paid. It re- S uires no equitable proceeding for its estab-shment. Sweeley v. Sieman, 123 Iowa, 183, "98 N. W. 571. Also a lien on funds in court payable to the client, or on a judgment or decree or award in his favor, recovered through the exertions of the attorney, and for the enforcement of which he must invoke the equitable aid of the court. Fowler v. Lewis, 36 W. Va. 112, 14 S. E. 447; Jennings v. Bacon, 84 Iowa, 403, 51 N. W. 15; Ackerman v. Ackerman, 14 Abb. Prac. (N. Y.) 229 ; Mosley v. Norman, 74 Ala. 422; Wright v. Wrijrht, 70 N. Y. 98.- Concurrent liens. Maritime liens are concurrent when they are of the same rank, and for supplies or materials or services in preparation for the same voyage, or if they arise on different bottomry bonds to different holders for advances at the same time for the same repairs. The J. W. Tucker (D. C.) 20 Fed. 132.--^qni-table'liens are such as exist in equity, and of which courts of equity alone take cognisance. A lien is neither a jus in re nor a jus ad rem. It is not property in the thing, nor does it constitute a right of action for the thing. It more properly constitutes a charge upon the thing. Equitable liens most commonly grow out of constructive trusts. Story, Eq. Jur. fi 1215. An equitable lien is a right, not recognized at law, to have a fund or specific property, or the proceeds of its sale, applied in full or in part to the payment of a particular debt or class of debts. Burdon Cent. Sugar Refining Co. v. Ferris Sugar Mfg. Co. (C. C.) 78 Fed. 421; The Menominie (D. C.) 36 Fed. 199; Fallon v. Worthington. 13 Colo. 559, 22 Pac. 960, 6 L. R. A. 708, 16 Am. St. Rep. 231; In re Lesser (D. C.) 100 Fed. 436.-First lien. One which takes priority or precedence over all other charges or incumbrances upon the same piece of property, and which must be satisfied before such other charges are entitled to participate in tbe proceeds of its sale.-Second lien. One which takes rank immediately after a first lien on the same property and is next entitled to satisfaction out of the proceeds.-Lien creditor. One whose debt or claim is secured by a lien on particular property, as distinguished from a "general" creditor, who has no such security. -Lien of a covenant. The commencement or a covenant stating the names of the covenantors and covenantees, and the character of the covenant, whether joint or several. Wharton.-Retaining lien. The lien which an attorney has upon all his client's papers, deeds, vouchers, etc^ which remain in his possession, entitling him to retain them until satisfaction of his claims for professional services. In re Wilson (D. C.) 12 Fed. 239; In re Lexington Ave., 30 App. Div. 602, 52 N. Y. Supp. 203.-Secret Uen. A lien reserved by the vendor of chattels, who has delivered them to the vendee, to secure the payment of the price, which is concealed from all third persons." As to the particular kinds of liens described as "Bailee's," "Judgment" "Maritime," "Mechanics'," "Municipal," and "Vendors' " Hens, see those titles. Less...

The person having or owning -a lien; one who has a right of lien upon property of another.

The person having or owning -a lien; one who has a right of lien upon property of another. Less...

Fr. Place; room. It is only nsed with "in;" in lieu, instead of. Enc Lond.

Fr. Place; room. It is only nsed with "in;" in lieu, instead of. Enc Lond. Less...

L. Fr. In old pleading. A known place; a place well known and generally taken notice of by those who dwell about it as a castle, a manor, etc. Whishaw; 1 Ld. Raym. 259.

L. Fr. In old pleading. A known place; a place well known and generally taken notice of by those who dwell about it as a castle, a manor, etc. Whishaw; 1 Ld. Raym. 259. Less...

See COMMISSION or ARRAY.

See COMMISSION or ARRAY. Less...

1. A deputy; substitute; an officer who supplies the place of another; one acting by vicarious authority. Etymologically, one who holds the post or office of another, in the place and stead ot the latter. 2. The word is used in composition as part of the title of several civil More...

1. A deputy; substitute; an officer who supplies the place of another; one acting by vicarious authority. Etymologically, one who holds the post or office of another, in the place and stead ot the latter. 2. The word is used in composition as part of the title of several civil and military officers, who are subordinate to others, and especially where the duties and powers of the higher officer may, in certain contingencies, devolve upon the lower; as lieutenant governor, lieutenant oolonel, etc. See infra. 3. In the army, a lieutenant la a commissioned officer, ranking next below a captain. In the United States navy, he is an officer whose rank is intermediate between that of an ensign and that of a lieutenant commander. In the British navy, his rank ia next below that of a commander. -Lieutenant colonel. An officer of the army whose rank is above that of a major and below that of a colonel.-Lieutenant commander. A commissioned officer of the United States navy, whose rank is above that of lieutenant and below that of commander.-Lieutenant general. An officer in the army, whose rank Is above that of major general and below that of "general of the army." In the United States, this rank is not permanent, being usually created for special persons or in times of war.- Lieutenant governor. In English law. A deputy-governor, acting at the chief civil officer of one of several colonies under a governor general. Webster. In American law. An officer of a state, sometimes charged with special duties, but chiefly important as the deputy or substitute of the governor, acting in the place of the governor upon the tatter's death, resignation, or disability. Less...

That state of animals and plants, or of an organized being, in which its natural functions and motions are performed, or In which its organs are capable of performing their functions. Webster. The sum of the forces by which death la resisted. Bichat -Life-annuity. An engagement to pay an Income More...

That state of animals and plants, or of an organized being, in which its natural functions and motions are performed, or In which its organs are capable of performing their functions. Webster. The sum of the forces by which death la resisted. Bichat -Life-annuity. An engagement to pay an Income yearly during the life of some person; also the sum thus promised.-Life-estate. An estate whose duration is limited to the life of the party holding it, or of some other person; a freehold estate, not of inheritance. Williams v. Ratcliff, 42 Miss. 154; Civ. Code Ga. 1805, fi 3087.-Life in being. A phrase used in the common-law and statutory rules against perpetuities, meaning the remaining duration of the fe of a person who Is in existence at the time when the deed or will takes effect. See McArthur v. Scott, 113 U. S. 340, 5 Sup. Ct. 652, 28 L. Ed. 1015.-Life insurance. See INSURANCE.-Life-interest. A claim or interest, not amounting to ownership and limited by a term of life, either that of tne person in whom the right is vested or that of another.-Life-land, or Life-hold. Land held on a lease for lives.-Life of a writ. The period during which a writ (execution, etc.) remains effective and can lawfully be served or levied, terminating with the day on which, by law or by its own terms, it is to be returned into court.- Life peerage. Letters patent, conferring the dignity of baron for life only, do not enable the grantee to sit and vote in the house of lords, not even with the usual writ of summons to the house. Wharton.-Life policy. A policy of life insurance; a policy of insurance upon the life of an individual.-Life-rent. In Scotch law. An estate for life; a right to the use and enjoyment of an estate or thing for one's life, but without destruction of its substance. They are either legal, such as terce and curtesy, (a. v.9) or conventional, i. c, created by act of the parties. Conventional life-rents are either simple, where the owner of an estate grants a life-interest to another, or by reservation, where the owner, in conveying away the fee, reserves a life-estate to himself.-Life-renter. In Scotch law. A tenant for life without waste. Bell.-Life tenant. One who holds an estate in lands for the period of his own life or that of another certain person.-Natural life. The period of a person's existence considered as continuing until terminated by physical dissolution or death occurring in the course of nature; used in contradistinction to that juristic and artificial conception Of life as an aggregate of legal rights or the possession of a legal personality, which could be terminated by "civil death, that is, that extinction of personality which resulted from entering a monastery or being attainted of treason or felony. See People v. Wright, 80 Mich. 70, 60 N. W. 792. Less...

To raise; to take up. To "lift" a promissory note is to discharge its obligation by paying Its amount or substituting another evidence of debt. To "lift the bar" of the statute of limitations, or of an estoppel, is to remove the obstruction which it interposes, by some sufficient act More...

To raise; to take up. To "lift" a promissory note is to discharge its obligation by paying Its amount or substituting another evidence of debt. To "lift the bar" of the statute of limitations, or of an estoppel, is to remove the obstruction which it interposes, by some sufficient act or acknowledgment Less...