Legal Opinion

Wilson v. Guyton

Court of Appeals of Maryland

Decided December 15, 1849PublishedCited by 6 opinions

Appeal from Harford county court. This was an action of replevin, instituted by the appellee, for the recovery of a horse which had strayed from the possession of (he plaintiff, and had been taken up by one William. II. Pearce, and was retained by the defendant as Pearce's agent. The plea was non cepit.

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Appeal from Harford county court. This was an action of replevin, instituted by the appellee, for the recovery of a horse which had strayed from the possession of (he plaintiff, and had been taken up by one William. II. Pearce, and was retained by the defendant as Pearce's agent. The plea was non cepit. At the trial, the defendant proved (hat the plaintiff was the owner of the horse in question, and that having lost said horse in the month of July, 1847, the plaintiff offered a liberal reward, by advertisement, to any one who would take up said horse, and deliver him to the plaintiff; and…

1Opinion of the CourtDorsey, C. J.

The doctrine of lien ia more favored now than formerly; and it is now recognised as a general principle, that wherever the party has, by his labor or skill, &c., improved the value of property placed in his possession, he has a lien upon it until *215paid. And liens have been implied when, from the nature of the transaction, the owner of the property is assumed as having designed to create them, or when it can be fairly inferred, from circumstances, that it was the understanding of the parties that they should exist. The existence of liens has also been sustained where they contributed to promote…

2Cited by6 opinions

  1. The Winton Co. v. MeisterCourt of Appeals of Maryland · 1918
  2. Wallace v. Lechman & Johnson, Inc.Court of Appeals of Maryland · 1999
  3. Allstate Lien & Recovery Corp. v. StansburyCourt of Appeals of Maryland · 2015
  4. Preston v. NealeMassachusetts Supreme Judicial Court · 1858
  5. Jacksonville MacHine and Repair, Inc. v. Kent Sand and Gravel, LLCCourt of Special Appeals of Maryland · 2007

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