Ruling Cases, Volume 15

Front Cover
Robert Campbell

What people are saying - Write a review

We haven't found any reviews in the usual places.


Other editions - View all

Common terms and phrases

Popular passages

Page 257 - That the question does not depend upon whether the covenant runs with the land, is evident from this, that if there was a mere agreement . and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Page 298 - 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...
Page 203 - BE it remembered, that on the day To wit. our ; in the said {county] AB is convicted before the undersigned [owe] of Her Majesty's justices of the peace for the said [county], for that [he the said AB, fyc., stating the offence, and the time and place when and where it was committed] ; and I adjudge the said AB for his said offence to...
Page 97 - Provided always, that any Person charged with any such Trespass shall be at liberty to prove, by way of Defence, any Matter which would have been a Defence to an Action at Law for such Trespass...
Page 467 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 141 - Middlesex, to show cause why a writ of certiorari should not issue to remove into this Court...
Page 49 - But where jurisdiction over the subject-matter is invested by law in the judge, or in the court which he holds, the manner and extent in which the jurisdiction shall be exercised are generally as much questions for his determination as any other questions involved in the case, although upon the correctness of his determination in these particulars the validity of his judgments may depend.
Page 257 - Of course, the price 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 allowed to escape from the liability which he had himself undertaken.
Page 553 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 580 - If a man by indenture letteth lands for years, provided always, and it is covenanted and agreed between the said parties, that the lessee should not alien." It was adjudged that this was "a condition by force of the proviso, and a covenant by force of the other words.

Bibliographic information