 | Joseph Story - Constitutional history - 1833 - 800 pages
...only a chose in action. Since, then, a grant is in fact a contract executed, the obligation of which continues ; and since the constitution uses the general...contract, without distinguishing between those, which are executory, and those, which are executed ; it must be construed to comprehend the former, as well as... | |
 | James Madison Porter - Charters - 1837 - 72 pages
...its own nature, amounts to an extinguishment of the right of the grantor, »nd implies a contract nut to reassert that right. A party is, therefore, always...continues, and since the constitution uses the general terra contract, without distinguishing between those which are executory and those which are executed,... | |
 | Pennsylvania. Constitutional Convention - Constitutional conventions - 1838 - 696 pages
...binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to re-assert that...continues, and since the constitution uses the general termcontract, without distinguishing between those which are executory and those which are executed,... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...binding on the parties. A grant, in its own nature, amounts to an extinguishment of the .right of the grantor, and implies a contract not to reassert that...then, in fact, a grant is a contract executed, the obliga6 Cr. 136. tion of which still continues, and since the constitution uses the general term "contracts,"... | |
 | Joseph Story - Constitutional law - 1840 - 394 pages
...only a thing in action. Since, then, a grant is in fact a contract executed, the obligation of which continues ; and since the Constitution uses the general...contract, without distinguishing between those, which are executory, and those, which are executed ; it must be construed to comprehend the former, as well as... | |
 | Kentucky. Constitutional Convention - Constitutional amendments - 1849 - 1140 pages
...parties. A grant, in its own nature, amounts ' to an extinguishment of the right of the grant' or, and implies a contract not to reassert that 'right....continues; and since the constitution uses the general term contracts, without distinguishing between those which are executory and those which are executed, it... | |
 | Georgia. Supreme Court - Equity - 1849 - 680 pages
...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....is, therefore, always estopped by his own. grant." Fleteher rs. Peeli, 6 C ranch, 136. In the case of the Inhabitants of Worcester vs. Eaton, this point... | |
 | George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...the grant by a repeal of the act. It was soon followed by a case where the ment of the right of the grantor, and implies a contract not to re-assert that...contract, without distinguishing between those which are executory and those which are executed, it must be construed to comprehend the latter as well as the... | |
 | George Van Santvoord - Judges - 1854 - 554 pages
...could not divest these rights, or impair the title so acquired. " Since then, in fact," he remarks, " a grant is a contract executed, the obligation of...contract, without distinguishing between those which are executory and those which are executed, it must be construed to comprehend the latter as well as the... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 754 pages
...binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that...contract, without distinguishing between those which are executory and those which are executed, it must be construed to comprehend the latter as well as the... | |
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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... 
