14 Tennessee opinions name it 2 courts 1921–2014 0 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Osborne v. McCormackgreen2 sentences2014The court defined an equitable lien as “the right to have the property subjected in a court of equity to the payment of the claim.” Id. (quoting Osborne v. McCormack, 176 S.W.2d 824, 824-25 (Tenn. 1944)). 2011It is a floating equity until action by the court is invoked.” Osborne v. McCormack, 180 Tenn. 526 , 176 S.W.2d 824, 824-25 (Tenn.1944). | 3 | 3 |
American City Bank of Tullahoma v. Western Auto Supply Co.green2 sentences2010Id. at 422-23 (“The payment of the privilege tax on filing financing statement is a condition precedent to filing.”) (emphasis added). 1984“The payment of the privilege tax on filing financing statements is a condition precedent to filing,” American City Bank v. Western Auto Supply, 631 S.W.2d 410, 422 (Tenn.App.1981), it is not a condition precedent to entering into a debtor creditor relationship. | 2 | 2 |
National Life & Accident Ins. v. Dempstergreen2 sentences1987Co. v. Dempster, 168 Tenn. 446, 457-458 , 79 S.W.2d 564, 568 (1934). 1987Co. v. Dempster, 168 Tenn. 446, 457-458 , 79 S.W.2d 564, 568 (1934). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Milam v. Milam
green
2 sentences1945It is simply a right of a special nature over the thing, constituting a charge or encumbrance upon it entitling the owner of such right to subject the property so charged or encumbered to the satisfaction of that particular claim of his which constitutes the charge or encumbrance.” ■ In Milam v. Milam, 138 Tenn. 686, 691 , 200 S. W. 826 , 827, it is defined in the following language: “An equitable lien, strictly speaking, is not a jus in re or a jus ad rem, but it is the right to have the property subjected in a court of equity to the payment of the claim. 1938In discussing the doctrine announced in Brown v. Bigley, supra, in the case of Milam v. Milam, 138 Tenn. 686, 691 , 200 S. W. 826 , 827, Mr. Justice Williams, speaking for the Court, said: "An equitable lien, strictly speaking, is not a jus in re or a jus ad rem, but is the right to have the property subjected in a court of equity to the payment of the claim. | 2 | 1938–1945 |
Holiday Hospitality Franchising, Inc. v. States Resources, Inc.
green
1 sentence2014The court defined an equitable lien as “the right to have the property subjected in a court of equity to the payment of the claim.” Id. (quoting Osborne v. McCormack, 176 S.W.2d 824, 824-25 (Tenn. 1944)). | 1 | 2014–2014 |
Kirtland v. Corbett
neutral
1 sentence1963Kirtland v. Corbett, 144 Tenn. 100 , 230 S.W. 27 is not applicable for the reason that it involved the payment of privilege taxes by one engaged in the real estate business. ' - ■ Finally, the appellants contend they are entitled to be subrogated to the rights of a third party who at the time the loan was made to Hughes by them was pressing a *628 claim against Hughes to recover money said to be due Mm growing out of a real estate transaction. | 1 | 1963–1963 |
Combs v. Combs
neutral
1 sentence1957The character of the right to receive future rents from realty and, particularly, whether it is personal property or realty was before the Supreme Court in Combs v. Combs, 131 Tenn. 66 , 173 S. W. 441 , wherein the widow of the lessor sought to subject notes for rents accruing after his death to the payment of her claim to a year’s support. | 1 | 1957–1957 |
Planters & Merchants Insurance v. Thurston
neutral
1 sentence1932Appellant also cites and relies upon the case of Insurance Company v. Thurston, 93 Ala., 255 . | 1 | 1932–1932 |
Blake v. McClung
green
1 sentence1927(Blake v. McClung, 172 U. S., 239 , 41 L. | 1 | 1927–1927 |
Poe v. State
neutral
2 sentences1925Zickler v. Bank, 104 Tenn. 277 , 57 S.W. 341 ; Poe v. State, 85 Tenn. 495 , 3 S.W. 658 ; Lewis v. Mynatt, 105 Tenn. 511 , 58 S.W. 857 ; Malone v. Williams, 118 Tenn. 445 , 103 S.W. 798 , 121 Am. 1925Zickler v. Bank, 104 Tenn. 277 , 57 S.W. 341 ; Poe v. State, 85 Tenn. 495 , 3 S.W. 658 ; Lewis v. Mynatt, 105 Tenn. 511 , 58 S.W. 857 ; Malone v. Williams, 118 Tenn. 445 , 103 S.W. 798 , 121 Am. | 1 | 1925–1925 |
Zickler v. Union Bank & Trust Co.
green
2 sentences1925Zickler v. Bank, 104 Tenn. 277 , 57 S.W. 341 ; Poe v. State, 85 Tenn. 495 , 3 S.W. 658 ; Lewis v. Mynatt, 105 Tenn. 511 , 58 S.W. 857 ; Malone v. Williams, 118 Tenn. 445 , 103 S.W. 798 , 121 Am. 1925Zickler v. Bank, 104 Tenn. 277 , 57 S.W. 341 ; Poe v. State, 85 Tenn. 495 , 3 S.W. 658 ; Lewis v. Mynatt, 105 Tenn. 511 , 58 S.W. 857 ; Malone v. Williams, 118 Tenn. 445 , 103 S.W. 798 , 121 Am. | 1 | 1925–1925 |
Lewis v. Mynatt
neutral
2 sentences1925Zickler v. Bank, 104 Tenn. 277 , 57 S.W. 341 ; Poe v. State, 85 Tenn. 495 , 3 S.W. 658 ; Lewis v. Mynatt, 105 Tenn. 511 , 58 S.W. 857 ; Malone v. Williams, 118 Tenn. 445 , 103 S.W. 798 , 121 Am. 1925Zickler v. Bank, 104 Tenn., 277 , 57 S. W., 341 ; Poe v. State, 85 Tenn., 495 , 3 S. W., 658 ; Lewis v. Mynatt, 105 Tenn., 511 , 58 S. W., 857 ; Malone v. Williams, 118 Tenn., 445 , 103 S. W., 798 , 121 Am. | 1 | 1925–1925 |
Joseph T. Ryerson & Son v. Shaw
green
2 sentences1921The member of the firm paying the debt is entitled to contribution from his copartners, and he is entitled to have such of the assets of the firm applied to the payment of his claim as are not necessary to pay the remaining debts of the firm, but he cannot come in and prorate with the other creditors of the firm. 30 Cyc. 542; Rowley on Law of Partnership, vol. 1, section 497; Ryerson & Son v. Shaw, 277 Ill., 524 , 115 N. E., 650 . 1921The member of the firm paying the debt is entitled to contribution from his copartners, and he is entitled to have such of the assets of the firm applied to the payment of his claim as are not necessary to pay the remaining debts of the firm, but he cannot come in and prorate with the other creditors of the firm. 30 Cyc. 542; Rowley on Law of Partnership, vol. 1, section 497; Ryerson & Son v. Shaw, 277 Ill., 524 , 115 N. E., 650 . | 1 | 1921–1921 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.