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Grant v. Strong

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eBook details

  • Title: Grant v. Strong
  • Author : United States Supreme Court
  • Release Date : January 01, 1873
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Messrs. W. A. Meloy and F. Miller, for the appellant, referred to Barrows v. Baughman,1 Haley v. Prosser,2 and numerous other cases, to show that a builder's lien cannot exist where the agreement provides for another sort of security. Mr. W. A. Cook, contra, cited The Kimball,3 and many cases, arguing from them, and on principle, that a lien is never extinguished by a mere note, except on the plainest evidence of an intention to extinguish it; but on the contrary, when a lien clearly exists, that a note is always regarded as but cumulative.


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