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" 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... "
Ruling Cases - Page 580
edited by - 1898
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The Law of Covenants: A Treatise, Explaining the Nature and Rules of the ...

Author of The law of ejectments - Covenants - 1711 - 578 pages
...always, and it is covenanted and agreed between the faid Parties, that the Leffee mould not alien ; it was adjudged, that this was a Condition by Force of the Provifo, and a Covenant by Force of the other Words, i !»/. 20 jb Covenant to render the Pejjejfion...
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The Law of Landlord and Tenant: Including Leases, Assignments, Tenants in ...

William Woodfall - Landlord and tenant - 1802 - 736 pages
...bftween the " parties, that the leflee fhall not alien," this is both a condition and a covenant; for it was adjudged that this was a condition by force of the provifo, and a covenant by force of the other words. ^ a man leaf€S for )'«"l rendering rent, and...
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The First Part of the Institutes of the Laws of England, Or, A ..., Volume 2

Sir Edward Coke - Land tenure - 1817 - 826 pages
...Crom- parties, that the lessee should not alien, and it was adjudged that •well'f case, lib. tn¡s was a condition by force of the proviso, and a covenant by faV[e. 7 357H. B' force of Ле other wor^ ( 0 • tit. coodition, Br. lib. 8. 89. Frances' case. (2...
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A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - Land tenure - 1818 - 752 pages
...parties, that EntrVcong. 57.*" die lessee should not alien; and it «as adjudged that this ^нь^Г"* was a condition by force of the proviso, and a covenant by 7-- "?t Iar8c- 3a H- 8-, •* * tit. Condition. Br. 10ГСС Oi tlje Other words (в), lib. 8. Hi)....
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - Landlord and tenant - 1822 - 722 pages
...between the parties, that the lessee shall not alien ; this is both a condition and a covenant ; for it was adjudged that this was a condition by force...proviso, and a covenant by force of the other words (4). If a man lease for years, rendering rent, and the lessee covenant to repair, &c. and afterwards...
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 2

Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
.... ' Ч ded ahvays, and it is covenanted and agreed between the said parties, that the lessee should not alien ; and it was adjudged that this was a condition...proviso, and a covenant by force of the other words (в). • . « i * % . This word proviso shall be also taken as a limitation or qualification, as hereafter...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 8

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1829 - 896 pages
...1828. menting on that section in Co. Litt. 203 b, says, So it is if a man by indenture letteth land for years ; provided always, and it is covenanted...absolute for a new trial, because there was evidence to shew that the land was underlet by the defendant with the consent and express licence of the lessor,...
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A Practical Treatise on the Law of Covenants

Thomas Platt - Covenants - 1829 - 720 pages
...indenture, provided always, and it is covenanted and agreed, that the lessee shall not alien ; this is a condition by force of the proviso, and a covenant by force of the other words («). But the courts at the present day, disregarding these quaint technicalities, will notice (g)...
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A Readable Edition of Coke Upon Littleton

Sir Edward Coke, Sir Thomas Littleton, Thomas Coventry - Land tenure - 1830 - 716 pages
...and agreed between the said parties, that the lessee shall not alien, this has been adjudged to be a condition by force of the proviso, and a covenant by force of the other words. This word proviso, also, shall be taken as a limitation or qualification, as hereafter in its proper...
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The First Part of the Institutes of the Laws of England, Or, A ..., Volume 1

Sir Edward Coke - Land tenure - 1832 - 786 pages
...the said Seignior (.'nun. parties, that the lessee should not alien, and it was adjudged well s case, that this was a condition by force of the proviso, and a covenant fa force of the other words (o. lit. Condition. Br. lib. 8. 89, Frances's case, (a Rep. 70. b.) This...
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