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" A maritime lien does not include or require possession. The word is used in Maritime Law not in the strict legal sense in which we understand it in Courts of Common Law, in which case there could be no lien where there was no possession, actual or constructive;... "
Reports of Cases Argued and Determined in the Supreme Court of New South Wales - Seite 112
von New South Wales. Supreme Court - 1893
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The Monthly Law Reporter, Band 15

1853 - 732 Seiten
...which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive ; but to express, as if by analogy, (he nature of claims which neither presuppose nor originate in possession. This was well understood...
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1856 - 728 Seiten
...terms equally applicable to the present and to the precedent case, that whenever the collision session, actual or constructive ; but to express as if by analogy,...either case the right travelled with the thing into whosoever possession it came. Having its origin in this rule of the civil law, a maritime lien is well...
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A Treatise on the Law of Contracts, Band 2

William Wetmore Story - 1856 - 848 Seiten
...having the wind free, in courts of common law, in which case there could be no lien where there was no possession, actual or constructive ; but to express, as if by analogy, the nature of elaims which neither presuppose nor originate in possession. This was well established in the civil...
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Reports of the Cases Relating to Maritime Law: Decided by the Court ..., Band 3

Great Britain. Courts - 1864 - 562 Seiten
...common law, in which case there could be no lien where there was no possession, actual or con*tructive; but to express, as if by analogy, the nature of claims...either case the right travelled with the thing into whosesoever possession it •came. Having its origin in this rule of the civil law, a maritime lien...
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A Law Dictionary, Adapted to the Constitution and Laws of the United ..., Band 2

John Bouvier - 1870 - 900 Seiten
...which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive ; but to express,...which neither presuppose nor originate in possession. 22 Eng. L. * Eq. 62. See 15 Bost Law Rep. 555 ; 16 id. I, 264 ; 17 id. 93, 421. A distinction is made...
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Bombay High Court Reports: Reports of Cases Decided in the High ..., Band 10

Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1874 - 572 Seiten
...case, explains, is distinguished from a lien at common law by not requiring possession. He says. " This was well understood in the Civil Law, by which there might boa pledge with possession, and a hypothecation without possession, and by which in either case the...
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The Legal News, Band 1

James Kirby - 1878 - 658 Seiten
...the nature of claims which neither pré-supposé nor originate in possession. This, it has been said, was well understood in the civil law, by which there might be a pledge with possession, and a hypothec without possession, and by which, in either case, the right travelled with the thing into...
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A Treatise Upon the Law of Principal and Agent in Contract and Tort

William Evans - 1879 - 802 Seiten
...in the strict legal sense in which we understand it in courts of common law, in which case there can be no lien where there is no possession actual or...neither presuppose nor originate in possession. This, it has been said, was well understood in the civil law, by which there might be a pledge with possession,...
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The Federal Reporter, Band 8

1881 - 956 Seiten
...which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive, but to express...either case the right travelled with the thing into whosesoever possession it came. Having its origin in this rule of the civil law, a maritime lien is...
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The Federal Reporter: Cases Argued and Determined in the ..., Bände 263-264

1920 - 2100 Seiten
...which we understand it In courts of common law, in which case there could be no lien where there was no possession, actual or constructive, but to express,...neither presuppose nor originate in possession. "This claim or privilege travels with the thing, into whosesoever possession it may come. It is inchoate...
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