 | John Marshall - 1839 - 762 pàgines
...Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties....party is therefore always estopped by his own grant. Since, then, in fact, a grant is a contract executed, the obliga6 Cr. 136. tion of which still continues,... | |
 | Joseph Story - 1840 - 394 pàgines
...impaired by State legislation. The Constitution is not chargeable with such folly, or inconsistency. Every grant, in its own nature, amounts to an extinguishment...the grantor, and implies a contract not to reassert it. A party is, therefore, always estopped by his own grant. How absurd would it be to provide, that... | |
 | New Jersey. Legislature. Legislative Council - 1840 - 422 pàgines
...: — Contracts may be express or implied. A grant is in the nature of an implied contract, for it amounts to an extinguishment of the right of the grantor, and implies a contract that he will not re-assert it. — 2 Story on Const. 243. The Constitution having made use of the general... | |
 | Alabama. Supreme Court - 1888 - 714 pàgines
...A grant, in its own nature," observes ( 'hief Justice Marshall, in Fletcher v. Peck, 6 Or. 87, 137, "amounts to an extinguishment of the right of the...implies a contract not to re-assert that right" — a principle which lias been held in this State to be applicable to franchises lawfully granted by municipal... | |
 | Kentucky. Constitutional Convention - 1849 - 1140 pàgines
...purchasers was executed by the grant. ' A contract executed, as well as one which is ex ' ecutory, contains obligations binding on the ' parties. A grant,...amounts ' to an extinguishment of the right of the grant' or, and implies a contract not to reassert that 'right. A party is, therefore, always estopped... | |
 | Georgia. Supreme Court - 1849 - 680 pàgines
...the United States have determined that a grant from the- State is a contract executed. They say, " a grant, in its own nature, amounts to an extinguishment of the right of the gaautor, and implies a contract not to re-assert that right. A party is, therefore, always estopped... | |
 | James Kent - 1851 - 706 pàgines
...cause may be assigned for its invalidity, and though that party be the legislature of a state. A grant amounts to an extinguishment of the right of the grantor,...and implies a contract not to reassert that right. A grant from a state is as much protected by the operation of the provision of the constitution, as a... | |
 | Daniel Webster - 1853 - 566 pàgines
...Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties....and implies a contract not to reassert that right. If, under a fair construction of the Constitution, grants are comprehended under the term contracts,... | |
 | California. Legislature. Assembly - 1853 - 1292 pàgines
...Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties....nature amounts to an extinguishment of the right of ?/«,grantor, and implies a contract not to re-assert that right. A party is, therefore, always estopped... | |
 | Benjamin Franklin Tefft - 1854 - 560 pàgines
...Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties....and implies a contract not to reassert that right. If, under a lair construction of the constitution, grants are comprehended under the term contracts,... | |
| |
The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the... 
