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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 662   View pdf image (33K)
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662 INDEX.—3 BLAND.

LAND AND LAND OFFICE —Continued

7. No title can be obtained from the land office for any thing but land

Ib
8 All improvements made upon land, by any one without right belong

to the owner of such land Ib
See LIEN, 4-8 9 10, 11, 20, 22, 23

LIEN

1 The origin and nature of a judicial lien which fastens upon all the real
estate then held or thereafter acquired by the defendant from the
date of the 3udgment Coombs v Jordan 392

2 This judicial lieu is a consequence of the real estate being liable to be
taken under an execution issued upon such judgment Ib

3 In the case of an obligee against the hen of the obligor in respect of
real assets descended the lien attaches upon such assets* from the
day the suit was commenced Ib

4 Lands in Maryland were in borne cases liable to be taken in execu
tion and bold for debt befoie the year 1732 Ib

5 The adoption of the British Statute of 1733 making lands liable to be
taken in execution and sold for debt and its consti uction consideied
Ib

6 What is to be consideied as real estate upon which a judicial lien will
fasten Ib

7 Land in the legal signification comprehends all ground soil or earth
whatever minerals riverb Likes and running streams houses fences
and structures upon the ground and all vegetable productions grow
ing out of the soil Ib

8. This rule relaxed in the case of fixtures erected by a tenant Ib

9 Vegetable productions become personal property when seveied from
the soil and removed Ib

10 To what kind of real estate in reference to its tenure a judicial lien
will attach. Ib

11 An equitable as well as a legal interest in land may be taken in
execution and sold for debt Ib

12 A judicial lien on land is, heie a consequence of a decree in equity

as well as of a judgment at law Ib
13 A. judicial ben, when barred by lapse of time cannot be revived so as

to have a retrospective effect prejudicial to the rights of others Ib

14 Where a judgment has abated by death during the continuance of
the hen, the plaintiff or his representative may come in under a
creditor's suit, as a judgment creditor without reviving at law Ib

15 The lien of a judgment which has been suffered to lapse cannot be
revived so as to overreach any then existing or intervening hen
Post v Mackall, 477

16 Lien in its proper sense is a right which the law gives although it
is usual to speak of lien by contract Rvlgely v Iqlehart, 528

17 Of liens given by the common law by equity by marine law by
statute, and by contract Ib

18 The lien given by the Act to Direct Descents lepudiates every thing
like an equitable lien and can only be enforced at common law as a
statutoiy lien incident to the bond with which it has been blended

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 662   View pdf image (33K)
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