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" the form or particular nature of the agreement which shall create a lien is not very material, for equity looks at the final intent and purpose, rather than at the form; and if the intent appear to give or... "
The South Western Reporter - Stran 439
1910
Celotni ogled - O knjigi

The Federal Reporter: Cases Argued and Determined in the ..., Količine 39–40

1889 - 1878 strani
...The instances and illustrations given by Pomeroy "show," as he says, (section 1237,) "that the form is immaterial if the intent appears to make any identified...a security for the fulfillment of an obligation." The agreement of 1874 does not abrogate or destroy that of 1873, or anything that was done under it,...
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The Federal Reporter, Količina 39

1889 - 948 strani
...The instances and illustrations given by Pomeroy "show," as he says, (section 1237,) "that the form is immaterial if the intent appears to make any identified...a security for the fulfillment of an obligation." The agreement of 1874 does not abrogate or destroy that of 1873, or anything that was done under it,...
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The Southern Reporter, Količina 41

1906 - 1068 strani
...purpose rather than at the form ; and if the Intent appear to give, or to charge, or to pledge the property, real or personal, as a security for an obligation,...sufficiently identified, the lien follows. * » » The Intent to give a security being clear, equity will treat the instrument as an executory agreement for...
Celotni ogled - O knjigi

The Southern Reporter, Količina 73

1917 - 1034 strani
...and purpose rather than the form ; and if the intent appear to give, or to charge, or to pledge the property, real or personal, as a security for an obligation, and the property is so described that principal things intended to be given or charged can be sufficiently identified, the lieii follows....
Celotni ogled - O knjigi

Arkansas Reports: Cases Determined in the Supreme Court of the ..., Količina 97

Arkansas. Supreme Court - 1911 - 700 strani
...agreement, and if, from the instrument evidencing the agreement, the intent appears to give, or to charge or to pledge, property, real or personal, as...can be sufficiently identified, the lien follows." This language was recently quoted by tihe Chief Justice speaking for the court in Ward v. Stark, 91...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Količina 124

Arkansas. Supreme Court - 1916 - 660 strani
...creating a Hen, and if from the instrument evidencing the agreement, the intent appears to give or to charge or to pledge property, real or personal, as...described, that the principal things intended to be given are charged so as to be sufficiently identified, a Hen follows. I. EQUITABLE MOBTGAQES — AFTEB-ACQUIBED...
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Reports of Cases Heard and Determined in the ..., Količina 42;Količina 49

Marcus Tullius Hun - 1890 - 818 strani
...intent and purpose of the parties rather than at the form, and if the intent appeared to give, or to charge, or to pledge property, real or personal, as a security for an obligation, and the property js so described that the principal things intended to be given or charged can be sufficiently identified...
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Reports of Cases Adjudged in the Court of Appeals of the ..., Količina 5

District of Columbia. Court of Appeals - 1895 - 640 strani
...looks rather at the final intent and purpose than at the form ; and if the intent appear to give, or to charge, or to pledge, property, real or personal,...can be sufficiently identified, the lien follows. Among the kinds of agreement from which liens have been held to arise, the following are some important...
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The Encyclopedic Digest of Virginia and West Virginia Reports ..., Količina 10

Thomas Johnson Michie - 1907 - 932 strani
...if the intent appears to give, or to charge, or pledge property, real or personal, as a security 'or an obligation, and the property is so described that...can be sufficiently identified, the lien follows. Knott v. Shepherdstown Mfg. Co., 30 W. Va. 790, 5 SE 266; Wayt v. Carwithen, 21 W. Va. 516. 2. Agreements...
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The American State Reports: Containing the Cases of General ..., Količina 137

1911 - 1242 strani
...at the final intent and purpose, rather than at the form; and if the intent appear to give or 370 to charge or to 'pledge property, real or personal, as...obligation," it will constitute an equitable lien: 3 Pomeroy's Equity Jurisprudence, sec. 1237; Turner v. Watkins, 31 Ark. 429; Taliaferro v. Barnett, 37...
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