A Practical Treatise on the Law of Covenants |
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A Practical Treatise on the Law of Covenants (Classic Reprint) Thomas Platt No preview available - 2018 |
Common terms and phrases
action of covenant administrators agreement Anon assignee Barn bound breach of covenant Brown cited claiming clause common law Congham contract convey conveyance court court of equity cove covenant for quiet covenant to repair covenanted to pay covenantee covenantor covenants for title Cres damages debt decree deed deed-poll default defendant demised premises Dougl East Eliz equity eviction execution executors express covenant fee simple forfeiture Freem further assurance grant grantor Ibid indenture interest J. B. Mo judgment Kemise land landlord lease lessee lessor levy liable Lord Lord Eldon Lord Ellenborough ment messuage nant party payment person plaintiff possession privity proviso purchaser quiet enjoyment Raym renewal rent respect S. C. nom Salk Saund SECT seised Selw specific performance statute Taunt tenant Term Rep testator thereof tion trust vendor void wife words
Popular passages
Page 580 - ... 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...
Page 580 - ... 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.
Page 449 - 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...
Page 59 - 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...
Page 161 - ... hereinafter expressed and declared of and concerning the same (that is to say...
Page 273 - 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.
Page 469 - ... 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.
Page 77 - 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.
Page 339 - ... time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns...
Page 69 - 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.