A Practical Treatise on the Law of Covenants

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Saunders and Benning, 1829 - 660 sider
 

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Side 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...
Side 582 - ... 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.
Side 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...
Side 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...
Side 163 - ... hereinafter expressed and declared of and concerning the same (that is to say...
Side 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.
Side 471 - ... the covenant concerns a thing which was not in esse at the time of the demise made, but to be newly built after, and therefore shall bind the covenantor, his executors or administrators, and not the assignee, for the law will not annex the covenant to a thing which hath no being.
Side 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.
Side 341 - ... time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns...
Side 71 - Such as are called mutual and independent, where either party may recover damages from the other for the injury he may have received by a breach of the covenants in his favor, and where it is no excuse for the defendant to allege a breach of the covenants on the part of the plaintiff.

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