 | 1906 - 1270 pągines
...covenants In such contracts. In the language of Ix>rd Minisfield, in Kingston v. Preston. 2 Doug. 690: 'The dependence, or independence. of covenants, was...collected from the evident sense and meaning of the narties. and that, however transposed they might be in the deed, their precedency must depend on the... | |
 | Sir Howard Warburton Elphinstone, Robert Frederick Norton, James William Clark - 1889 - 746 pągines
...Ashhurst, J., Hothani \. East India Co., 1 T. B. 645. "The dependence or independence of covenants is to be collected from the evident sense and meaning of the parties; and, however transposed they may be in the deed, their precedency must depend on the order of time (a) in... | |
 | 1890 - 956 pągines
...precedent or subsequent, or whether there is dependence or independence of stipulations or requirements, is to be collected from the evident sense and meaning of the parties as they have expressed themselves. The question of precedency depends 'on the order of time in which... | |
 | New York (State). Courts - 1906 - 800 pągines
...Mansfield, in Kingston v. Preston, 2 Doug. 690 : ' The dependence, or independence, of covenants, was to he collected from the evident sense and meaning of the...their precedency must depend on the order of time in which the intent of the transaction requires their performance.' Hence, the real question to be determined... | |
 | Theophilus Parsons - 1893 - 974 pągines
...rational ideas upon the subject. And in Kingston r. Preston, already cited, Lord Mansfield declared that the dependence or independence of covenants was to...from the evident sense and meaning of the parties. Mr. Serjeant William» in his elaborate note to Pordage P. Cole, 1 \Vrns. Saund. .410, has given the... | |
 | Ontario. High Court of Justice - 1894 - 796 pągines
...amount to a covenant to pay only in case of a deficiency. The dependence or independence of covenants is to be collected from the evident sense and meaning of the parties. There can ba no doubt but that the intention to be gathered from the covenants was, that the property... | |
 | 1895 - 914 pągines
...453, 457.) As declared by the same learned jurist, "the dependence or independence of covenants is to be collected from the evident sense and meaning...their precedency must depend on the order of time in which the intent of the transaction requires their performance." (Jones v. Barkley, 2 Doug. 684, 691;... | |
 | William Albert Keener - 1898 - 984 pągines
...is not certain that either is obliged to do the first act. His lordship then proceeded to say that the dependence or independence of covenants was to...sense and meaning of the parties, and that however transmignt be in the deed, their precedency must depend the order of time in which the intent of the... | |
 | 1898 - 1130 pągines
...sense claimed depends upon the intention.' In Jones v. Barkley, Doug. 685, Lord MANSFIELD says that the dependence or independence of covenants was to...sense and meaning of the parties, and that, however transpos ч! they might be in the deed, their precedency must depend on the order of time in which... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - 1226 pągines
...question was, whether certain words in a covenant amounted to a condition precedent or not, ' that the dependence or independence of covenants was to be collected from the sense and meaning of the parties, and that however transposed this might be in the deed, their precedency... | |
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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... 
