Mechanics Lien Laws in Canada With the Acts of Ontario Manitoba British Colu
Mechanics Lien Laws in Canada With the Acts of Ontario Manitoba British Colu
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Kennedy, (1889) 21 N. S. R; 271), particularly if such third person re-transfers the property to the lien claim- ant before the lien is sought to be enforced. Milburn v. Milburn, 4 U. C. Q. B. 179.
If a chattel is fraudulently or unlawfully taken out of pos- session of the lien claimant by the owner and the lien claimant without force retakes the chattel the lien revives. Wallace v. Woodgate, (1824) Ry. & M. 193. In this case the lien was that of a livery stable keeper but the same principle wo...uld apply to a mechanics' lien. See also Dicas v. Stockley, (1836) 7 C. & P. 587; Wilson v. Kymer, (1813) 1 M. & S. 157; Re Carter, (1885) 55 L. J. Ch. 230; Bigelow v. Heaton, 6 Hill (N. Y. ) 43. A lien is always forfeited by delivery but a delivery procured by fraud is not within the rule. Walcott v. Keith, 22 N. H. 196.
A lien is not destroyed though the demand in respect of which it arises is barred by the Statute of Limitations. It is the remedy, not the debt itself, that is discharged by that sta- tute.
What to read after Mechanics Lien Laws in Canada With the Acts of Ontario Manitoba British Colu?
You can find similar books in the "Read Also" column, or choose other free books by William Bernard Wallace to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Kennedy, (1889) 21 N. S. R; 271), particularly if such third person re-transfers the property to the lien claim- ant before the lien is sought to be enforced. Milburn v. Milburn, 4 U. C. Q. B. 179.
If a chattel is fraudulently or unlawfully taken out of pos- session of the lien claimant by the owner and the lien claimant without force retakes the chattel the lien revives. Wallace v. Woodgate, (1824) Ry. & M. 193. In this case the lien was that of a livery stable keeper but the same principle wo...uld apply to a mechanics' lien. See also Dicas v. Stockley, (1836) 7 C. & P. 587; Wilson v. Kymer, (1813) 1 M. & S. 157; Re Carter, (1885) 55 L. J. Ch. 230; Bigelow v. Heaton, 6 Hill (N. Y. ) 43. A lien is always forfeited by delivery but a delivery procured by fraud is not within the rule. Walcott v. Keith, 22 N. H. 196.
A lien is not destroyed though the demand in respect of which it arises is barred by the Statute of Limitations. It is the remedy, not the debt itself, that is discharged by that sta- tute.
What to read after Mechanics Lien Laws in Canada With the Acts of Ontario Manitoba British Colu?
You can find similar books in the "Read Also" column, or choose other free books by William Bernard Wallace to read onlineMoreLess
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