A Practical Treatise on the Law of Covenants

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Saunders and Benning, law booksellers, (successors to J. Butterworth and Son,) 43, Fleet Street., 1829 - 660 pàgines

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Pàgina 582 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Pàgina 582 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his...
Pàgina 451 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...
Pàgina 61 - If the covenantor covenants for himself and his heirs, it is then a covenant real, and descends upon the heirs ; who are bound to perform it, provided they have assets by descent, .but not otherwise: if he covenants also for his executors and administrators, his personal assets, as well as his real, are likewise pledged for the performance of the covenant. which makes such covenant a better security than any warranty. It is...
Pàgina 163 - ... hereinafter expressed and declared of and concerning the same (that is to say...
Pàgina 551 - Court where the action shall be brought, to the use of the plaintiff or plaintiffs, or his or their executors or administrators, such damages so to be assessed by reason of all or any of the breaches of such covenants, together with the costs of suit, a stay of execution of the said judgment shall be entered upon record ; or if by reason of any execution executed, the plaintiff or plaintiffs, or his or their executors or administrators, shall be fully paid or satisfied all...
Pàgina 275 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Pàgina 79 - His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Pàgina 341 - ... execute, and perfect, or cause or procure to be made, done, acknowledged, levied, suffered, executed, and perfected, all such further and other lawful and reasonable acts, deeds, devices, conveyances, and assurances in the law whatsoever...
Pàgina 324 - Cadwalader, his Heirs or Assigns, or any Person or Persons Claiming or to Claim by, from or under him.

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