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 - 439 페이지1910전체보기 - 도서 정보
| 1911 - 1232 페이지
...the final intent and purpose, rather than at the form ; and if the intent appear to give or 37tt to charge or to pledge property, real or personal, as...appears to make any identified property a security for th? fulfillment of an obligation," it will constitute an equitable lien: 3 Pomeroy's Equity Jurisprudence,... | |
| Henry Gabriel Tardy - 1920 - 1282 페이지
...Schichtt, 60 Ark. 595, 31 SW 458. 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." Instruments that are in effect, though not in form, mortgages are sometimes spoken of as equitable... | |
| Delaware. Court of Chancery - 1920 - 576 페이지
...the property or its value, is unmistakably to create an equitable lien." The form of the agreement is immaterial, "if the intent appears to make any...a security for the fulfillment of an obligation." 3 Pomeroy's Equity Jurisprudence, §1237. Here there was an agreement in consideration of a loan of... | |
| University of Minnesota. Law School - 1921 - 362 페이지
...agree"ment ; and if, from the instrument evidencing the agreement, the intent appear to give, or to charge, or to pledge, property, real or personal,...that the principal things intended to be given or chareed can be sufficiently identified, the lien follows." Martin v. Schichtl, supra. Mr. Pomeroy stated... | |
| 1895 - 538 페이지
...an agreement; and If from the instrument evidencing the agreement "the Intent appear to give or to charge or to pledge property, real or personal, as a security for in obligation, and the property Is so described that the principal things Intended to be given or charged... | |
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1908 - 738 페이지
...and purpose rather than at the form ; and, if the intent appears to give, or to charge, or to pladge 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... | |
| 1910 - 482 페이지
...the form; and if the intent appears to give, or to charge, or pledge property, real or personal, as security for an obligation, and the property is so- described that the principal thing intended to be given or charged can be sufficiently identified, the lien follows. Wyat vs. Garwithen,... | |
| Alabama. Supreme Court - 1907 - 802 페이지
...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,...the principal things intended to be given or charged c:in be sufficiently identified, the lien follows. * • • The intent to give a security being clear,... | |
| 1917 - 1156 페이지
...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...sufficiently identified, the lien follows. • * » The intent to give security being clear, equity will treat the instrument as an executory agreement for... | |
| Alabama. Supreme Court - 1919 - 812 페이지
...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 lien follows.... | |
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