Lien

id, contract, judgment, time, execution, md and land

Page: 1 2 3 4 5 6 7 8 9 10

35. In Maryland, a Judgment rendered by a single magistrate does not give a lien, 11 Md. 332 ; 8 id. 405 • nor if rendered in a dif ferent county, until transferred to the county where the land is situated. 3 Md. 357.

In Missouri, all judgments rendered at the same term and in the same court must divide pro rata the amount made on execution, in ease it prove insufficient to satisfy all. 21 Mo. 144.

In the New England States, there is, strictly speaking, no judgment lien, but lands are attached on mesne process, and a lien thus instituted. 2 Hill, Abr. c. 46 ; 28 Vt. 546 ; 24 id. 228. This lien covers debt and costs. 33 Me. 214. And the lien is lost unless execution is taken out within a reasonable time, 29 Vt. 198, prescribed by statute in most of the states.

36. In New Jersey, judgments are mar shalled in the order in which executions issue. 2 Dutch. N. J. 570.

In New York, a judgment lien continues ten years, and binds aftervacquired lands, 14 N. Y. 16, and dates from the time it is given to the officer. 5 Du. N.Y. 242. But see 2 Paine, C. C. 251.

In North Carolina, it exists, probably, if an elegit has been sued out. 2-Murph. No. C. 43.

In Ohio, the lien relates to the first day of the term, 3 McLean, C. C. 140; is restricted to the county ; lasts only one year ; does not bind after-acquired lands ; and covers land and incidents. 20 Ohio, 401.

37. In Pennsylvania, it continues five years from the rendition of judgment, but does not per se bind after-acquired lands. 23 Penn. St. 205 ; 27 id. 52 ; 28 id. 47.

A sale under decree of court releases this lien; but no other transfer of the property affects it. 22 Penn. St. 406 ; Sergeant, Mech. Lien.

In South Carolina and Tennessee, a judg ment is a lien. 1 Sneed, Tenn. 297; 11 How. 348 ; 6 Rich. So. C. 513.

In Virginia, 9 Gratt. Va. 131, judgments obtained at tbe same time divide the prnceeds pro rata, if there is not enough to satisfy all, 2 Patt. & H. 11; otherwise, they are to be satisfied in the order of their date. 12 Gratt. Va. 401.

A judgment is sometimes, but more rarely, a lien upon personal property.

3S. In Georgia, it re-attaches if the pro perty has been removed from the state and then brought back. 7 Ga. 356.

In Maryland, issuing a fi. fa. gives the creditor a lien from the time of putting the execution into the officer's hands. 3 Md. 99. In North Carolina, 8 Ired. No. C. 63.

In South Carolina, 5 Strobh. So. C. 149. In Tennessee, on property held between the teste and the execution. 2 Swan, Tenn. 292. In New York ; but not if the execution lie dormant. 7 Barb. N. Y. 341.

And see 2 Hill, Abr. c. 46.

39. Mechanics and Material Men have, in many of the states, a lien upon the buildings which they have repaired or con structed, which, being in the nature, gene rally, of the civil law privilegiuro, do not require possession, commence with the com mencement of the work, and continue a limited time. They exist In Arkansas ; and are subordinate to a judgment lien. 8 Ark. 231.

In California ; for builders and material men. 2 Cal. 80, 489.

In Connecticut, the contract must have been made with the owner, and-only thd con tracting party can take advantage of the lien. 23 Conn. 544.

In Illinois, for the benefit of the builder and material men who furnish labor or goods under a contract with the land-owners, 12 111. 300 ; 15 id. 189, 556 ; 17 id. 423 ; the lien is subordinate to a mortgage title. 17 Ill. 423.

In Indiana, in favor of builders and mate rial men ; and a wife may join with her hus band in the contract, and so subject her land to the lien. 7 Ind. 123. The builder must file notice of his intention. 8 Blackf. Ind. 252.

In Iowa. 2 Greene, Iowa, 435, 513.

40. In Kentucky, for work and labor. 13 B. Monr. Ky. 411 ; 16 id. 605.

In Maine, 34 Me. 198, if the contract is made with the land-owner. 35 Me. 291. As to precedence, 28 Me. 511.

In Maryland, a copy of the claim must have been filed. 6 Gill, Md. 17.

The materials must have been furnished under a contract with the land-owner. 5 Md. 419 ; 3 id. 234.

In Massachusetts, the contract must have „ been with the land-owner. 1 Gray, Mass. 576 : 3 id. 233. Suit inust be brought in six months. 4 Cush. Mass. 532. Wife cannot join in the contract and bind her land.

Page: 1 2 3 4 5 6 7 8 9 10