What is the effect of a lien on the value of a Defendant's property?

"New York", United States of America

The following excerpt is from Spruck v. McRoberts, 139 N.Y. 193, 34 N.E. 896 (N.Y. 1893):

The defendant having been deprived of the possession and control of the property, and his rightful relation to it having been usurped by a trespasser, his mere silence, if it be assumed, or his omission to forbid the plaintiff from proceeding under his contract, cannot be construed into consent on his part to anything that was done by the parties in possession, or by the plaintiff acting under their authority. The true owner was not bound to seek out the plaintiff, or any one else acting under a hostile claim, and inform him of his rights at the peril of subjecting his property, which at all times he was seeking to recover, to the burden of a lien based upon acts manifestly wrongful, and against which he in every proper way protested. Cowen v. Paddock, supra. The situation is not changed by the fact, if it be so, that the defendant's property has been enhanced in value by the plaintiff. A learned authority on the law of damages, in discussing the rule applicable to cases quite analogous, remarked that the improvements may be very valuable, but they may be quite unsuited to the use which

Other Questions


Does a defendant's concurrence that the property in issue had a value of over one thousand dollars constitute a negation of an essential element of the crime? ("New York", United States of America)
What is the effect of defendant obtaining silence from a witness who testified before the Grand Jury about her relationship with defendant? ("New York", United States of America)
Does a defendant have the right to return his property to the government when the government no longer needs the property as evidence? (MultiRegion, United States of America)
What is the test for an amended complaint alleging that defendants removed items from a property in violation of a property interest? (MultiRegion, United States of America)
Does a motion to strike effectively dismiss all of plaintiff's claims against defendant defendants constitute an anti-SLAPP motion? (MultiRegion, United States of America)
What is the test for a claim for possession of property against a defendant who owns the property in question? ("New York", United States of America)
What is the effect of a rule that in effect relied on plea agreements drafted by prosecutors to give defendants the equivalent of Rule 11 warnings? (MultiRegion, United States of America)
Is a party who denied possession of a property at the time of the purchase of the property entitled to a third party's property? (MultiRegion, United States of America)
Does a third party possessing property or rights to property belonging to a taxpayer who has a federal tax lien hold such property subject to the lien? (MultiRegion, United States of America)
Can a party who wrongfully takes from the possession of another party recover the property or the value of the property? (federal, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.