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Equitable liens

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

such as exist in equity, and of which courts of equity alone take cognizance. A lien is neither a jus in re nor a jns ad rem. It is nut 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. § 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 Ca. v. Ferris Sugar Mfg. Co. (C. C.) 78 Fed. 421; The Menominie (D. C.) 36 Fed. 199; Fallon v. Worthington, 13 Co.lo. 559, 22 Pac. 960, 6 L. R. A. 708, l6 Am. St. Rep. 231; In re Lesser (D. C.) 10O Fed. 436.

Defined under Lien in Black's Law Dictionary.