Equitable Lien

1,000 Florida cases classified under this topic, plus 2 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Robertson v. Robertson
  12 Fla. Supp. 126· Broward Cty. Cir. Ct.· 1957-08-26
  The court held that an attorney could impress an equitable lien on property transferred to his client in a settlement, even if the original agreement contemplated the fee being paid by the opposing party.
• Harry C. Steigman Equip. Co., Inc. v. Atl. Hotel Co.
  224 F.2d 786· 3d Cir.· 1955-08-11
  The court held that the "general assignment" did not grant a security interest in the proceeds from the sale of the hotel's capital assets.
• Emmert v. Drake
  224 F.2d 299· 5th Cir.· 1955-06-30
  Directors are liable for corporate debts when they authorize notes payable from specific future proceeds and fail to ensure those proceeds are used for payment, creating an equitable lien. A prior state court judgment on the same debt does not necessarily bar a subsequent suit ag
• Friederich v. Dockery
  209 F.2d 677· 8th Cir.· 1954-01-29
  The court held that the appellant's claim of an equitable lien on the ICC Certificate was subordinate to the trustee's rights as a hypothetical lien creditor under the Bankruptcy Act, due to the failure to record or file the agreement.
• Nowling v. King
  4 Fla. Supp. 54· Dade Cty. Cir. Ct.· 1953-09-02
  A subcontractor who installed terrazzo and tile work on a property seeks a lien for payment. The court held that the subcontractor is entitled to a materialman's lien despite the property owner's dissatisfaction with the color, finding that the general contractor's failure to sup
• Cavins v. Planters Bank & Tr. Co.
  187 F.2d 906· 5th Cir.· 1951-04-02
  The court held that the plaintiff had a superior lien on the crops grown on her land for her unpaid rent, and that the bank improperly applied the proceeds from the sale of the cotton.
• Cordrey v. Gerstel
  180 F.2d 760· 5th Cir.· 1950-03-31
  The court held that the bankruptcy court erred in allowing the bankrupt's statutory exemption before the state court determined the funds in question were trust funds belonging to the appellant.
• Empire Tr. Co. v. United States Tr. Co. OF NEW York & three other cases
  165 F.2d 829· 8th Cir.· 1948-01-26
  The court held that the Refunding bondholders were not entitled to a first lien by subrogation on equipment purchased with general funds, as there was no clear intent to grant such a lien and the transactions were not structured to preserve vendor's liens.
• Christiansen v. Christiansen
  159 F.2d 366· 5th Cir.· 1947-01-22
  The majority opinion holds that title to the absentee's share vested conditionally, preventing adverse possession claims against him until actual notice of hostile holding.
• Buder v. Denver Nat. Bank
  151 F.2d 520· 8th Cir.· 1945-10-08
  The court held that the defendants, through their conduct and representations, were equitably estopped from asserting their claims to the stock, and that the plaintiff's equitable lien was superior.
• Test v. City OF Indianapolis
  145 F.2d 775· 7th Cir.· 1944-11-16
  The court held that the trustee had the authority to execute the mortgage and that the bonds matured on August 30, 1930, making the City's tender of payment a valid defense.
• Commerce Tr. Co. v. Aylward
  145 F.2d 113· 8th Cir.· 1944-10-02
  The bankruptcy court had jurisdiction, pursuant to an agreement, to fix the interim compensation of the indenture trustee and its attorney for services rendered in administering trust assets.
• Lydick v. Fischer
  141 F.2d 441· 8th Cir.· 1944-03-27
  The court held that the district court's decree, entered pursuant to the appellate court's mandate, was correct in its provisions and did not err in refusing to include limitations sought by the appellants.
• In re Rosenberg v. Murphy
  138 F.2d 409· 7th Cir.· 1943-10-25
  A passive trustee holding bare legal title must convey it to a purchaser without compensation, even if the trustee suffered a loss in a related transaction, absent any equities in its favor.
• White Furniture Co. v. Mather
  154 Fla. 129· Fla.· 1943-10-08
  White Furniture Company sought to enforce an equitable lien on household furniture based on an alleged equitable assignment of a conditional sales contract to a bank for collection. The Florida Supreme Court affirmed the lower court's dismissal, finding that White Furniture faile
• Union Tr. Co. of Md. v. Townshend
  133 F.2d 501· 4th Cir.· 1943-02-08
  The court held that the trial court did not err in refusing to appoint a special master to investigate the sale of bonds and deposit of proceeds, as the trustee acted legally and all recovery avenues were pursued.
• White v. Karl Kiefer Mach. Co.
  127 F.2d 119· 8th Cir.· 1942-04-10
  A seller's lien under a Missouri conditional sales contract, recognized by state law, is valid against a bankruptcy trustee even if perfected within four months of bankruptcy.
• In re Bliss v. Schreiber
  124 F.2d 819· 7th Cir.· 1941-12-17
  The court held that the arrangement did not create a valid assignment or equitable lien on the funds, as the bankrupt retained dominion over them.
• Mass. Mut. Life Ins. Co. v. Jeckell
  124 F.2d 339· 6th Cir.· 1941-12-12
  The court held that a lessee is entitled to an equitable lien on the property for the value of buildings they erected, when the lease obligates the lessor to purchase the buildings and allows the lessee to retain possession until payment.
• Maxwell Baxter v. Thompson
  148 Fla. 577· Fla.· 1941-11-28
  Maxwell Baxter appeals a decree canceling a timber sale contract with the Thompsons and requiring return of a $2,000 advance payment. The contract was based on Baxter's alleged misrepresentation that he owned timber around the "Bull Pens," when in fact the land was owned by F.C.
• State v. Cnty. of Hillsborough
  148 Fla. 163· Fla.· 1941-09-19
  The Florida Supreme Court upheld validation of $173,750 in refunding bonds issued by Hillsborough County to pay judgments arising from unpaid paving certificates issued in 1923. The Court held that refunding bonds for pre-constitutional amendment obligations do not require voter
• Seaboard Sur. Co. v. First Nat. Bank & Tr. Co. in Sioux Falls
  121 F.2d 288· 8th Cir.· 1941-06-12
  The court held that while a surety's equity is generally superior to a bank's when loaning money to a contractor, a surety's express consent to an assignment of contract funds can make the bank's equity superior.
• Wells v. Davis
  198 So. 838· Fla.· 1940-06-21
  This case addresses the priority of liens when mortgagors redeem property from tax sale through a third-party lessee without the mortgagee's consent. The Florida Supreme Court held that a contractual lien created by such redemption is subordinate to a prior mortgage lien, rejecti
• Tivas v. Tivas
  142 Fla. 703· Fla.· 1940-05-07
  This case involves a dispute over funds held by an attorney, stemming from a property settlement between a husband and wife. The appellate court reviewed an order denying a motion to dismiss the wife's counterclaim, ultimately finding the counterclaim insufficient for affirmative
• Brown v. Jones
  140 Fla. 506· Fla.· 1939-11-17
  In this homestead property case, the Florida Supreme Court affirmed a decree that prevented foreclosure of a widow's homestead by her daughter (executrix-trustee) who mortgaged the property without authority. The court held that the homestead passed directly to the heirs rather t
• City of Miami v. The Sirocco Co.
  137 Fla. 434· Fla.· 1939-04-28
  The court held that the City of Miami was not liable for appropriating land for a street because the land was still part of the public domain at the time of appropriation. The Sirocco Company, which later acquired title, could not claim compensation as its predecessors had no leg
• Nat'l Title Co. v. Laramore
  130 Fla. 487· Fla.· 1938-01-05
  National Title Company sought an equitable lien on real property to secure reimbursement for property taxes paid after the property was conveyed to defendants who purchased it at a sheriff's sale. The Florida Supreme Court affirmed the trial court's dismissal, holding that the co
• Gertrude v. Durrance
  124 Fla. 468· Fla.· 1936-06-08
  A married woman contracted with a corporation to manage her citrus grove under an agreement that explicitly limited the company's lien to the fruit proceeds and waived any statutory lien on the real property itself. When the woman sued to terminate the agreement due to breach, th
• Tanner v. Overstreet Inv. Co.
  114 Fla. 474· Fla.· 1934-04-04
  This case concerns whether a buyer can force the sale of a married woman's separate property to recover a down payment when title defects were not cured. The court reversed the lower court's decision, holding that the buyer could not unilaterally breach the contract and seek to s
• Cooper v. Ruff
  110 Fla. 442· Fla.· 1933-06-09
  The Florida Supreme Court affirmed a lower court's dismissal of a vendor's lien claim. The court held that the vendor waived any implied lien by accepting a second mortgage as security for the purchase price, even though that mortgage was later extinguished by foreclosure.
• Morrow v. Jefferson Standard Life Ins. Co.
  110 Fla. 331· Fla.· 1933-05-30
  This case concerns a mortgage foreclosure where married women argued the mortgage was void due to improper acknowledgments. The court found the mortgage invalid as to their separate property but upheld a lien based on their loan application, ultimately reversing in part to allow
• Lewis v. Cole
  108 Fla. 585· Fla.· 1933-03-06
  This case concerns the enforcement of a vendor's lien for an unpaid promissory note. The court affirmed the lower court's decision, holding that the vendor's lien was valid and had not been waived, despite the vendor assigning the note as collateral and the purchasers' claims of
• Keene v. Wm. S. Latimer and Starr B. Latimer
  102 Fla. 841· Fla.· 1931-08-07
  Ida L. Keene sought to remove an unacknowledged option contract as a cloud on her title to real property. The Florida Supreme Court reversed the dismissal of her bill, holding that although the unacknowledged contract could not be specifically enforced against her, she was entitl
• Int'l Realty Assocs. v. McAdoo
  87 Fla. 10· Fla.· 1924-01-10
  The Florida Supreme Court affirmed a lower court's decision to dismiss a notice of lis pendens, finding the issue moot because a related prior appeal, which sought cancellation, equitable lien, and accounting, had already been affirmed. Therefore, the dismissal of the lis pendens
• Wade v. Moore
  66 Fla. 327· Fla.· 1913-11-11
  The court affirmed the lower court's decision to sustain a demurrer to a bill seeking rescission of a land sale contract. The vendee, after defaulting on payments and surrendering possession, alleged fraud regarding the land's acreage and prior deeds. The court found no equity in
• Cotten
  6 Fla. 1· Fla.· 1855-01-01
  Frederick Cotten purchased a plantation from the Tradewells with a general warranty, but three of the slaves sold were subject to a bank mortgage. An agreement between the Tradewells to substitute other slaves for those mortgaged was never executed. Cotten seeks enforcement of th