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" ... that it could not have been the intention of the parties that the habendum should operate according to the words. "
Reports of Cases Argued and Determined in the Court of King's Bench: With ... - Σελίδα 592
των Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1818
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Τόμος 12

Charles Viner - 1801 - 484 σελίδες
...time of the, leafe the cellar in quedion was in the occupation of В., another tenant, and, therefore, that it could not have been the intention of the parties that it fhould pafs by the leafe to the defendant, and that the defendant had not claimed it till after...

A Treatise on the Law of Obligations, Or Contracts, Τόμος 2

Robert Joseph Pothier - 1806 - 728 σελίδες
...leafe, the cellar in queftion was in the occupation of another tenant was held admiflible, to fliew that it could not have been the intention of the parties that it fliould pafs by the leafe. Doe v. Burt, i TR 701. With refpect to wills, (the inflruments which...

Term Reports in the Court of King's Bench, Μέρος 185,Τόμος 1

Great Britain. Court of King's Bench, Charles Durnford - 1817 - 872 σελίδες
...lime of the lease the cellar in question was in the occupation of B. another tenant} and therefore that it could not have been the intention of the parties that it should pass by the lease to the defendant 5 and that the defendant had not claimed it till after...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 σελίδες
...the lease may control the habendum ; but then it must be clear from those other parts of the lease, that it could not have been the intention of the parties that the habendum should operate according to the words. It must however be a very strong case, and quite clear,...

Irish Law Reports: Particularly of Points of Practice, Argued and ..., Τόμος 6

Ireland. Court of King's Bench - 1844 - 584 σελίδες
...instruments together, and the language of each, I think much may be found to guide us to the conclusion, that it could not have been the intention of the parties, that in the particular matter in question, or in any other part of the proposal, save those specially introduced...

A Treatise on the Law of Leases: With Forms and Precedents, Τόμος 2

Thomas Platt - 1847 - 928 σελίδες
...the lease may control the habendum ; but then it must be clear from those other parts of the lease that it could not have been the intention of the parties that the habendum shoidd operate according to the words. It must, however, be a very strong case, and quite...

A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu

Charles Greenstreet Addison - 1847 - 988 σελίδες
...separate rent, which was known to the defendant at the time of his acceptance of the lease, and therefore that it could not have been the intention of the parties that the cellar so occupied by a third party should pass to him under the general description of the messuage...

Cases Argued and Adjudged in the Supreme Court of the United States, Τόμος 9

United States. Supreme Court - 1870 - 868 σελίδες
...claims were, on the part of the United States, renounced by the fifth renunciation. His reasoning is, that it could not have been the intention of the parties that they should renounce claims, or admit statements of them, not known to the party assuming the obligation...

The Law Reports: Equity cases, before the Master of Rolls and the ..., Τόμος 13

Great Britain. Court of Chancery - 1872 - 712 σελίδες
...But if the terms of the covenant leave the matter in doubt, the provisions of this settlement shew that it could not have been the intention of the parties that the fund in question should ever become subject to its provisions ; for the settlement recites the testator's...

Reports of Cases Decided by the English Courts: With Notes and ..., Τόμος 1

Nathaniel Cleveland Moak - 1872 - 788 σελίδες
...But if the terms of the covenant leave the matter in doubt, the provisions of this settlement sho,w that it could not have been the intention of the parties that the fund in question should ever become subject to its provisions; for the settlement recites the testator's...




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