lien 音标拼音: [l'in]
n . 留置权,优先权,抵押权
留置权,优先权,抵押权
lien n 1 :
the right to take another '
s property if an obligation is not discharged 2 :
a large dark -
red oval organ on the left side of the body between the stomach and the diaphragm ;
produces cells involved in immune responses [
synonym : {
spleen }, {
lien }]
Floating charge \
Floating charge \,
lien \
lien \,
etc . (
Law )
A charge ,
lien ,
etc .,
that successively attaches to such assets as a person may have from time to time ,
leaving him more or less free to dispose of or encumber them as if no such charge or lien existed .
Lie \
Lie \,
v .
i . [
imp . {
Lay } (
l [=
a ]);
p .
p . {
Lain } (
l [=
a ]
n ),
({
Lien } (
l [
imac ]"[
e ^]
n ),
Obs .);
p .
pr . &
vb .
n . {
Lying }.]
[
OE .
lien ,
liggen ,
AS .
licgan ;
akin to D .
liggen ,
OHG .
ligen ,
licken ,
G .
liegen ,
Icel .
liggja ,
Sw .
ligga ,
Dan .
ligge ,
Goth .
ligan ,
Russ .
lejate ,
L .
lectus bed ,
Gr .
le `
chos bed ,
le `
xasqai to lie .
Cf . {
Lair }, {
Law }, {
Lay },
v .
t ., {
Litter },
{
Low },
adj .]
1 .
To rest extended on the ground ,
a bed ,
or any support ;
to be ,
or to put one '
s self ,
in an horizontal position ,
or nearly so ;
to be prostate ;
to be stretched out ; --
often with down ,
when predicated of living creatures ;
as ,
the book lies on the table ;
the snow lies on the roof ;
he lies in his coffin .
[
1913 Webster ]
The watchful traveler . . .
Lay down again ,
and closed his weary eyes . --
Dryden .
[
1913 Webster ]
2 .
To be situated ;
to occupy a certain place ;
as ,
Ireland lies west of England ;
the meadows lie along the river ;
the ship lay in port .
[
1913 Webster ]
3 .
To abide ;
to remain for a longer or shorter time ;
to be in a certain state or condition ;
as ,
to lie waste ;
to lie fallow ;
to lie open ;
to lie hid ;
to lie grieving ;
to lie under one '
s displeasure ;
to lie at the mercy of the waves ;
the paper does not lie smooth on the wall .
[
1913 Webster ]
4 .
To be or exist ;
to belong or pertain ;
to have an abiding place ;
to consist ; --
with in .
[
1913 Webster ]
Envy lies between beings equal in nature ,
though unequal in circumstances . --
Collier .
[
1913 Webster ]
He that thinks that diversion may not lie in hard labor ,
forgets the early rising and hard riding of huntsmen . --
Locke .
[
1913 Webster ]
5 .
To lodge ;
to sleep .
[
1913 Webster ]
Whiles I was now trifling at home ,
I saw London , . .
.
where I lay one night only . --
Evelyn .
[
1913 Webster ]
Mr .
Quinion lay at our house that night . --
Dickens .
[
1913 Webster ]
6 .
To be still or quiet ,
like one lying down to rest .
[
1913 Webster ]
The wind is loud and will not lie . --
Shak .
[
1913 Webster ]
7 . (
Law )
To be sustainable ;
to be capable of being maintained . "
An appeal lies in this case ." --
Parsons .
[
1913 Webster ]
Note :
Through ignorance or carelessness speakers and writers often confuse the forms of the two distinct verbs lay and lie .
Lay is a transitive verb ,
and has for its preterit laid ;
as ,
he told me to lay it down ,
and I laid it down .
Lie is intransitive ,
and has for its preterit lay ;
as ,
he told me to lie down ,
and I lay down .
Some persons blunder by using laid for the preterit of lie ;
as ,
he told me to lie down ,
and I laid down .
So persons often say incorrectly ,
the ship laid at anchor ;
they laid by during the storm ;
the book was laying on the shelf ,
etc .
It is only necessary to remember ,
in all such cases ,
that laid is the preterit of lay ,
and not of lie .
[
1913 Webster ]
{
To lie along the shore } (
Naut .),
to coast ,
keeping land in sight .
{
To lie at the door of },
to be imputable to ;
as ,
the sin ,
blame ,
etc .,
lies at your door .
{
To lie at the heart },
to be an object of affection ,
desire ,
or anxiety . --
Sir W .
Temple .
{
To lie at the mercy of },
to be in the power of .
{
To lie by }.
(
a )
To remain with ;
to be at hand ;
as ,
he has the manuscript lying by him .
(
b )
To rest ;
to intermit labor ;
as ,
we lay by during the heat of the day .
{
To lie hard }
or {
To lie heavy },
to press or weigh ;
to bear hard .
{
To lie in },
to be in childbed ;
to bring forth young .
{
To lie in one },
to be in the power of ;
to belong to . "
As much as lieth in you ,
live peaceably with all men ." --
Rom .
xii .
18 .
{
To lie in the way },
to be an obstacle or impediment .
{
To lie in wait },
to wait in concealment ;
to lie in ambush .
{
To lie on }
or {
To lie upon }.
(
a )
To depend on ;
as ,
his life lies on the result .
(
b )
To bear ,
rest ,
press ,
or weigh on .
{
To lie low },
to remain in concealment or inactive . [
Slang ]
{
To lie on hand },
{
To lie on one '
s hands },
to remain unsold or unused ;
as ,
the goods are still lying on his hands ;
they have too much time lying on their hands .
{
To lie on the head of },
to be imputed to .
[
1913 Webster ]
What he gets more of her than sharp words ,
let it lie on my head . --
Shak .
[
1913 Webster ]
{
To lie over }.
(
a )
To remain unpaid after the time when payment is due ,
as a note in bank .
(
b )
To be deferred to some future occasion ,
as a resolution in a public deliberative body .
{
To lie to } (
Naut .),
to stop or delay ;
especially ,
to head as near the wind as possible as being the position of greatest safety in a gale ; --
said of a ship .
Cf . {
To bring to },
under {
Bring }.
{
To lie under },
to be subject to ;
to suffer ;
to be oppressed by .
{
To lie with }.
(
a )
To lodge or sleep with .
(
b )
To have sexual intercourse with .
(
c )
To belong to ;
as ,
it lies with you to make amends .
[
1913 Webster ]
Lien \
Li "
en \ (
l [
imac ]"[
e ^]
n ),
obs .
p .
p .
of {
Lie }.
See {
lain }. --
Ps .
lxviii .
13 .
[
1913 Webster ]
Lien \
Lien \ (
l [=
e ]
n or l [
imac ]"[
e ^]
n ;
277 ),
n . [
F .
lien band ,
bond ,
tie ,
fr .
L .
ligamen ,
fr .
ligare to bind .
Cf . {
League }
a union , {
Leam }
a string , {
Leamer }, {
Ligament }.] (
Law )
A legal claim ;
a charge upon real or personal property for the satisfaction of some debt or duty ;
a right in one to control or hold and retain the property of another until some claim of the former is paid or satisfied .
[
1913 Webster ]
34 Moby Thesaurus words for "
lien ":
adjustment mortgage ,
antichresis ,
blanket mortgage ,
bottomry ,
bottomry bond ,
chattel mortgage ,
closed mortgage ,
common -
law lien ,
dead pledge ,
deed of trust ,
first mortgage ,
general lien ,
hypothec ,
hypothecation ,
installment mortgage ,
judgment lien ,
leasehold mortgage ,
living pledge ,
mortgage ,
mortgage bond ,
mortgage deed ,
mortuum vadium ,
participating mortgage ,
particular lien ,
pignus judiciale ,
pignus legale ,
second mortgage ,
security agreement ,
statutory lien ,
tax lien ,
third mortgage ,
trust mortgage ,
vadium mortuum ,
vadium vivum LIEN ,
contracts .
In its most extensive signification ,
this term includes every case in which real or personal property is charged with the payment of any debt or duty ;
every such charge being denominated a lien on the property .
In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied .
2 East 235 ;
6 East 25 ;
2 Campb .
579 ;
2 Meriv .
494 ;
2 Rose ,
357 ;
1 Dall .
R .
345 .
2 .
The right of lien generally arises by operation of law ,
but in some cases it is created by express contract .
3 .
There are two kinds of lien ;
namely ,
particular and general .
When a person claims a right to retain property ,
in respect of money or labor expended on such particular property ,
this is a particular lien .
Liens may arise in three ways :
1st .
By express contract .
2d .
From implied contract ,
as from general or particular usage of trade .
3d .
By legal relation between the parties ,
which may be created in three ways ;
When the law casts an obligation on a party to do a particular act ,
and in return for which ,
to secure him payment ,
it gives him such lien ;
1 Esp .
R .
109 ;
6 East ,
519 ;
2 Ld .
Raym .
866 ;
common carriers and inn keepers are among this number .
2 .
When goods are delivered to a tradesman or any other ,
to expend his labor upon ,
he is entitled to detain those goods until he is remunerated for the labor which he so expends .
2 Roll .
Ab .
92 ;
3 M . &
S .
167 ;
14 Pick .
332 ;
3 Bouv .
Inst .
n .
2514 .
3 .
When goods have been saved from the perils of the sea ,
the salvor may detain them until his claim for salvage is satisfied ;
but in no other case has the finder of goods ,
a lien .
2 Salk .
654 ;
5 Burr .
2732 ;
3 Bouv .
Inst .
n .
2518 .
General liens arise in three ways ;
1 .
By the agreement of the parties .
6 T .
R .
14 ;
3 Bos . &
Pull .
42 .
2 .
By the general usage of trade .
3 .
By particular usage of trade .
Whitaker on Liens 35 ;
Prec .
Ch .
580 ;
1 Atk .
235 ;
6 T .
R .
19 .
4 .
It may be proper to consider a few ,
general principles :
1 .
As to the manner in which a lien may be acquired .
2 .
To what claims liens properly attach .
3 .
How they may be lost .
4 .
Their effect .
5 .-
1 .
How liens may be acquired .
To create a valid lien ,
it is essential ,
1st .
That the party to whom or by whom it is acquired should have the absolute property or ownership of the thing ,
or ,
at least ,
a right to vest it .
2d .
That the party claiming the lien should have an actual or constructive ,
possession ,
with the assent of the party against whom the claim is made .
3 Chit .
Com .
Law ,
547 ;
Paley on Ag .
by Lloyd ,
137 ;
17 Mass .
R .
197 ;
4 Campb .
R .
291 ;
3 T .
R .
119 and 783 ;
1 East ,
R .
4 ;
7 East ,
R .
5 ;
1 Stark .
R .
123 ;
3 Rose ,
R .
955 ;
3 Price ,
R .
547 ;
5 Binn .
R .
392 .
3d .
That the lien should arise upon an agreement ,
express or implied ,
and not be for a limited or specific purpose inconsistent with the express terms ,
or the clear ,
intent of the contract ;
2 Stark .
R .
272 ;
6 T .
R .
258 ;
7 Taunt .
278 ;.
5 M . &
S .
180 ;
15 Mass .
389 ,
397 ;
as ,
for example ,
when goods are deposited to be delivered to a third person ,
or to be transported to another place .
Pal .
on Ag .
by Lloyd ,
140 .
6 .-
2 .
The debts or claims to which liens properly attach .
1st .
In general ,
liens properly attach on liquidated demands ,
and not on those which sound only in damages ;
3 Chit .
Com .
Law ,
548 ;
though by an express contract they may attach even in such a case as ,
where the goods are to be held as an indemnity against a future contingent claim or damages .
Ibid .
2d .
The claim for which the lien is asserted ,
must he due to the party claiming it in his own right ,
and not merely as agent of a third person .
It must be a debt or demand due from the very person for whose benefit the party is acting ,
and not from a third person ,
although the goods may be claimed through him .
Pal .
Ag .
by Lloyd ,
132 .
7 .-
3 .
How a lien may be lost .
1st .
It may be waived or lost by any act or agreement between the parties ,
by which it is surrendered ,
or becomes inapplicable .
2d .
It may also be lost by voluntarily parting with the possession of the goods .
But to this rule there are some exceptions ;
for example ,
when a factor by lawful authority sells the goods of his principal ,
and parts with the possession under the sale he is not ,
by this act ,
deemed to lose his lien ,
but it attaches to the proceeds of the sale in the hands of the vendee .
8 .-
4 .
The effect of liens .
In general ,
the right of the holder of the lien is confined to the mere right of retainer .
But when the creditor has made advances on the goods of a factor ,
he is generally invested with the right to sell .
Holt '
s N P .
Rep .
383 ;
3 Chit .
Com .
Law ,
551 ;
2 Liverm .
Ag .
103 ;
2 Kent '
s Com .
642 ,
3d ed .
In some cases where the lien would not confer power to sell ,
a court of equity would decree it .
1 Story Eq .
Jur .
Sec .
566 ;
2 Story ,
Eq .
Jur .
Sec .
1216 ;
Story Ag .
Sec .
371 .
And courts of admiralty will decree a sale to satisfy maritime liens .
Ab .
Sh .
pt .
3 ,
c10 .
Sec .
2 ;
Story ,
Ag .
Sec .
371 .
9 .
Judgments rendered in courts of record are generally liens on the real estate of the defendants or parties against whom such judgments are given .
In Alabama ,
Georgia and Indiana ,
judgment is a lien ;
in the last mentioned state ,
it continues for ten years from January 1 ,
1826 ,
if it was rendered from that time ;
if ,
after ten years from the rendition of the judgment ,
and when the proceedings are stayed by order of the court ,
or by an agreement recorded ,
the time of its suspension is not reckoned in the ten years .
A judgment does not bind lands in Kentucky ,
the lien commences by the delivery of execution to the sheriff ,
or officer .
4 Pet .
R .
366 ;
1 Dane '
s R .
360 .
The law seems to be the same in Mississippi .
2 Hill .
Ab .
c .
46 ,
s .
6 .,
In New Jersey ,
the judgments take priority among themselves in the order the executions on them have been issued .
The lien of a judgment and the decree of a court of chancery continue a lien in New York for ten years ,
and bind after acquired lands .
N .
Y .
Stat .
part 3 ,
t .
4 ,
s .
3 .
It seems that a judgment is a lien in North Carolina ,
if an elegit has been sued out ,
but this is perhaps not settled .
2 Murph .
R .
43 .
The lien of a judgment in Ohio is confined to the county ,
and continues only for one year ,
unless revived .
It does not ,
per se ,
bind after acquired lands .
In Pennsylvania ,
it commences with the rendering of judgment ,
and continues five years from the return day of that term .
It does not ,
per se ,
bind after acquired lands .
It may be revived by scire facias ,
or an agreement of the parties ,
and terre tenants ,
written and filed .
In South Carolina and Tennessee a judgment is also a lien .
In the New England states ,
lands are attached by mesne process or on the writ ,
and a lien is thereby created .
See 2 Hill .
Ab .
c .
46 .
10 .
Liens are also divided into legal and equitable .
The former are those which may be enforced in a court of law ;
the latter are valid only in a court of equity .
The lien which the vendor of real estate has on the estate sold ,
for the purchase money remaining unpaid ,
is a familiar example of an equitable lien .
Math .
on Pres .
392 .
Vide Purchase money .
Vide ,
generally ,
Yelv .
67 ,
a ;
2 Kent ,
Com .
495 ;
Pal Ag .
107 ;
Whit .
on Liens ;
Story on Ag .
ch .
14 ,
Sec .
351 ,
et seq :
Hov .
Fr .
35 .
11 .
Lien of mechanics and material men .
By virtue of express statutes in several of the states ,
mechanics and material men ,
or persons who furnish materials for the erection of houses or other buildings ,
are entitled to a lien or preference in the payment of debts out of the houses and buildings so erected ,
and to the land ,
to a greater or lessor extent ,
on which they are erected .
A considerable similarity exists in the laws of the different states which have legislated on this subject .
12 .
The lien generally attaches from the commencement of the work or the furnishing of materials ,
and continues for a limited period of time .
In some states ,
a claim must be filed in the office of the clerk or prothonotary of the court ,
or a suit brought within a limited time .
On the sale of the building these liens are to be paid pro rata .
In some states no lien is created unless the work done or the goods furnished amount to a certain specified sum ,
while in others there is no limit to the amount .
In general ,
none but the original contractors can claim under the law ;
sometimes ,
however ,
sub -
contractors have the same right .
13 .
The remedy is various ;
in some states ,
it is by scire facias on the lien ,
in others ,
it is by petition to the court for an order of sale :
in some ,
the property is subject to foreclosure ,
as on a mortgage ;
in others ,
by a common action .
See 1 Hill .
Ab .
ch .
40 ,
p .
354 ,
where will be found an abstract of the laws of the several states ,
except the state of Louisiana ;
for the laws of that state ,
see Civ .
Code of Louis .
art .
2727 to 2748 .
See generally ,
5 Binn .
585 ;
2 Browne ,
R .
229 ,
n .
275 ;
2 Rawle R .
316 ;
Id .
343 ;
3 Rawle ,
R .
492 ;
5 Rawle R .
291 ;
2 Whart .
R .
223 ;
2 S . &
R .
138 ;
14 S . &
R .
32 ;
12 S . &
R .
301 ;
3 Watts ,
R .
140 ,
141 ;
Id .
301 ;
5 Watts ,
R .
487 ;
14 Pick .
P ,.
49 ;
Serg .
on Mech .
Liens .
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Understanding Liens: Types, Examples, and How They Impact Property Lien - Wikipedia What Is a Lien and How Does It Work? - Experian Put a lien on property | California Courts | Self Help Guide What Is a Lien? The Legal Definition and Types - LegalClarity What is a lien and how do you avoid one? - Bankrate lien | Wex | US Law | LII Legal Information Institute Liens defined: What is a lien? | Rocket Mortgage LIEN Definition Meaning - Merriam-Webster What Is a Lien, and How Does It Work? - SmartAsset