 So, in Eccleston v. Clipsham, 1 Saund. 153, 2 Keble, 338, 339, 347, 385, SC, it was held, that, though a covenant be joint and several in the terms of it, yet, if the interest and cause of action be joint, the action must be brought by all the covenantees:...  The Revised Reports: Being a Republication of Such Cases in the English ... - Page 424edited by - 1893Full view - About this book
 | Law - 1847 - 576 pages
...common law respecting the construction of covenants : — In Eccletton v. Clipsliaw, (l W. Saund. 153), it was held, that, though a covenant be joint and...of it, yet, if the interest and cause of action be juint, the action must be brought by all the covenautees. And, on the other hand, if the interest and... | |
 | United States. Supreme Court - Law reports, digests, etc - 1855 - 702 pages
...covenant is joint. In the case of Eccleston and Wife v. Clipsham, the law is stated, that although a covenant be joint and several in the terms of it,...the action must be brought by all the covenantees. And on the other hand, if the interest and cause of action be several, the action may be brought by... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...general rule, as laid down in Eccleston v. Clipsham, 1 Wms. Saund. 153, and the notes thereto, is, that, though a covenant be joint and several in the...the action must be brought by all the covenantees. That rule, no doubt, is subject to an exception, that, though the covenant is in terms with several... | |
 | Great Britain. Courts - Law reports, digests, etc - 1865 - 668 pages
...joint cause of action." So, in Eccleston v. Clipsham, 1 Saund. 153, 2 Keble, 338, 339, 347, 385, SC, it was held, that, though a covenant be joint and...the action must be brought by all the covenantees: and, on the other hand, if the interest and cause of action be several, the action may be brought by... | |
 | John Neilson Taylor - Landlord and tenant - 1869 - 820 pages
...the former case the covenantees may have separate actions. And though a covenant with several persons be joint and several in the terms of it, yet, if the legal interest and cause of action be joint, the action must be brought by all the covenantees ; on... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 788 pages
...joint and several in the terms of 312 SUPREME COURT OF THE UNITED STATES. Calvert v. Bradley. 16 H. it, yet if the interest and cause of action be joint,...the action must be brought by all the covenantees. And on the other hand, if the interest and cause of action be several, the action may be brought by... | |
 | John Williams, Sir Edmund Saunders - Law reports, digests, etc - 1871 - 756 pages
...153 [abridged]. Joint Covenants — Several Covenants. ECCLESTON i. CLIPSHAM. THOUGH a covenant he joint and several in the terms of it, yet if the interest and cause of action lie joint, the action must be brought by all the covcnantccs. And, on the other hand, if the interest... | |
 | John Collyer - Partnership - 1878 - 892 pages
...performing the stipulations." Action must be brought by all the covenantees. SEC. 206. It is a general rule, that though a covenant be joint and several in the...action be joint, the action must be brought by all the covenantees.1 It follows from this doctrine that, although the covenants in the partnership articles... | |
 | Law reports, digests, etc - 1886 - 868 pages
...interests of the parties; and although a covenant be joint and several in its terms, yet if the legal interest and cause of action be joint, the action must be brought by all; but if the interert and cause of action be several, the action must bo brought by one only, though... | |
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