Select Cases and Other Authorities on the Law of Property, Volume 2C. W. Sever, 1888 - Personal property |
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Page ix
... Moxhay 478 ST . HELEN'S SMELTING CO . v . Tipping 52 Turner v . Lee 670 Sampson v . Hoddinott 119 Tutter v . Fryer 669 Savage v . Mason 453 Twynam v . Pickard 418 Shadwell v . Hutchinson 301 Tyrringham's Case 4 Sharp v . Ropes 504 Tyson ...
... Moxhay 478 ST . HELEN'S SMELTING CO . v . Tipping 52 Turner v . Lee 670 Sampson v . Hoddinott 119 Tutter v . Fryer 669 Savage v . Mason 453 Twynam v . Pickard 418 Shadwell v . Hutchinson 301 Tyrringham's Case 4 Sharp v . Ropes 504 Tyson ...
Page 479
... would be affected by the covenant , and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price , in consideration of the assignee being TULK V. MOXHAY . 479.
... would be affected by the covenant , and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price , in consideration of the assignee being TULK V. MOXHAY . 479.
Page 483
... Moxhay , 2 Ph . 774 , 777 , where he says : " That this court has jurisdiction to enforce a contract between the owner of land and his neighbor purchasing a part of it - that the latter shall either use or abstain from using the land ...
... Moxhay , 2 Ph . 774 , 777 , where he says : " That this court has jurisdiction to enforce a contract between the owner of land and his neighbor purchasing a part of it - that the latter shall either use or abstain from using the land ...
Page 494
... Moxhay , 2 Ph . 774 , which is the leading case on this subject . It seems to me that that case decided that an assignee taking land subject to a certain class of cove- nants is bound by such covenants if he has notice of them , and ...
... Moxhay , 2 Ph . 774 , which is the leading case on this subject . It seems to me that that case decided that an assignee taking land subject to a certain class of cove- nants is bound by such covenants if he has notice of them , and ...
Page 495
... Moxhay in the direction contended for , and that if we de- cided for the plaintiff we should have to overrule that case . But it is said that if we decide for the defendants we shall have to overrule Cooke v . Chilcott . If that case ...
... Moxhay in the direction contended for , and that if we de- cided for the plaintiff we should have to overrule that case . But it is said that if we decide for the defendants we shall have to overrule Cooke v . Chilcott . If that case ...
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Common terms and phrases
action of debt aforesaid agreement alleged appears appurtenant assumpsit attornment authority benefit building cause claim close common law contract conveyance conveyed court covenant damages declaration deed defendant defendant's demised premises demurrer Dift easement enjoyment entered entitled erected eviction evidence executors fact fee simple fendant feoffment ferry flow grant grantor ground heirs and assigns held highway indenture injury judge judgment jury Justice landlord lease lessee lessor license locus in quo Lord manor ment messuage mill Moxhay natural Nicholas Taylor nuisance obstruction occupied opinion owner party wall pass passage person Peter Paige plaintiff plea pleaded possession prescription present principle privity privity of contract proprietor purchase purpose question railroad reason rent rent service repair Reported reversion riparian river River Wandle road rule seised soil Statute stream street tenant tenement term thereof tion trespass trial verdict watercourse
Popular passages
Page 713 - ... 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 contract.
Page 77 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside, and...
Page 74 - Les fonds inférieurs sont assujettis envers ceux qui sont plus élevés, à recevoir les eaux qui en découlent naturellement sans que la main de l'homme y ait contribué. Le propriétaire inférieur ne peut point élever de digue qui empêche cet écoulement. Le propriétaire supérieur ne peut rien faire qui aggrave la servitude du fonds inférieur.
Page 116 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 768 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 435 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining...
Page 214 - It is hereby agreed and declared by and between the said parties hereto that the...
Page 676 - Act, it shall and may be lawful for any Person or Persons, having any Rent in arrear or due upon any Lease for Life, or Lives, or for Years, or at Will, ended or determined, to distrain for such Arrears after the Determination of the said respective Leases, in the same Manner as they might have done, if such Lease or Leases had not been ended or determined...
Page 128 - I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament.
Page 479 - ... shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.