 | 1854 - 822 pages
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 | Nathan Howard (Jr.) - 1857 - 614 pages
...then owned by the assignor or contractor or not, or if personal property, whether it is then in being or not, it attaches in equity as a lien or charge...latter, and all persons asserting a claim thereto under him, either voluntarily or with notice of its bankruptcy." The same doctrine is also asserted in substance... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 710 pages
...owned by the assignor or contractor, or not ; or, if personal property, whether it is then in being or not, it attaches, in equity, as a lien or charge...the assignor or contractor acquires a title thereto. t& 5. Hence, a grant of particular lands to be acquired in futuro is valid, and takes effect as a specific... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859 - 654 pages
...sonal property, whether then owned by the assignor or contractor, or not, or, if personal property, whether it is then in esse or not, it attaches in...latter, and all persons asserting a claim thereto under him, either voluntarily, or with notice, or in bankruptcy. STORY, J., in Mitchell v. Winslow, 2 Story... | |
 | Illinois. Supreme Court - 1861 - 710 pages
...personal property, whether then owned by the assignor or contractor, or not, or if personal property, whether it is then in esse or not, it attaches in...latter, and all persons asserting a claim thereto under him, either voluntarily, or with notice, or in bankruptcy." In Farman v. Proctor, and Wood, etc., \.... | |
 | Thomas Nesbitt McCarter - 1865 - 616 pages
...property, whether then owned by the assignor or not, or if personal property, whether it is then in ease or not, it attaches in equity as a lien or charge...latter, and all persons asserting a claim thereto under him, either voluntarily or with notice, or in bankruptcy." These cases, I think, in principle clearly... | |
 | 1889 - 546 pages
...contractor or not, or if personal property, whether it is then in esse or not, it attaches iu equity a lien or charge upon the particular property as soon...latter and all persons asserting a claim thereto under him, either voluntary or with notice, or in bankruptcy." This rule has been followed in Pennook v.... | |
 | 1917 - 498 pages
...or real property, whether then owned by the assignor or contractor or not, or, if personal property, whether it is then in esse or not, it attaches in...the assignor or contractor acquires a title thereto, may be so well defined as to pass an equitable interest. Tailby v. Official Receiver (1888) 13 App.... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1875 - 796 pages
...personal property, whether it is then in esse or not, it attaches as a lien in equity or charge upon particular property, as soon as the assignor or contractor...latter, and all persons asserting a claim thereto, under him, either voluntary or with notice. See, also, 2 Story's Eq. Jurisprudence, sec. 1021 ; Cross on... | |
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It seems to me a clear result of all the authorities that wherever the parties, by their contract, intend to create a positive lien or charge, either upon real or personal property, whether then owned by the assignor or contractor, or not, or if personal... 
