Sec. 1. As used in this chapter, “common law lien” means a lien against real or personal property that is not:

(1) a statutory lien;

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Terms Used In Indiana Code 32-28-13-1

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Lien: A claim against real or personal property in satisfaction of a debt.
(2) a security interest created by agreement; or

(3) except as provided in this chapter, a judicial lien obtained by legal or equitable process or proceedings.

[Pre-2002 Recodification Citation: 32-8-39-1.]

As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.2.