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" Parliament ? this is the difference, viz., where H. covenants not to do an act or thing which was lawful to do, and an Act of Parliament comes after, and compels him to do it, the statute repeals the covenant; so, if H. covenants to do a thing which is... "
The Law of Landlord and Tenant: To which is Added an Appendix of Precedents - Σελίδα 267
των William Woodfall - 1822 - 668 σελίδες
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An Introduction to the Law Relative to Trials at Nisi Prius

Francis Buller - 1790 - 486 σελίδες
...repeals the covenant. So if a man covenant to do a thing which is lawful, and an act comes to hinder him from doing it, the covenant is repealed. But if a man covenant not to do a thing which was then unlawful, and an .ut come and make it lawful, fuch act decs...

Reports of Cases Adjudged in the Court of King's Bench: With Some ..., Τόμος 1

Great Britain. Court of King's Bench, William Salkeld - 1795 - 534 σελίδες
...after and compels him to do it, the ftatutc repeals the covenant : So .,,} , , . it-i ri tn »f H- covenants to do a thing which is lawful, and an act...comes in and hinders him from doing it, the covenant ia repealed (Í). Vide Dyer 27. fl. 278. But if a man (я) R. Marchioncfí of B!en¿firtt v. . Duchois...

Term Reports in the Court of King's Bench, Μέρος 185,Τόμος 4

Great Britain. Court of King's Bench, Charles Durnford - 1817 - 888 σελίδες
...they are by no means necessary; for in Brewster v. Kitchatt (a) Holt, Ch. J. said, " If H. covenant to do a thing which is lawful, and an act of " parliament come in and hinder him from doing it, the covenant " is repealed;" for which was cited Dy. 27, pi....

A Treatise on Equity: With the Addition of Marginal References and ..., Τόμος 1

Henry Ballow, John Fonblanque - 1820 - 492 σελίδες
...statute (r). (;•) From the rule laid down in Brewster v. Kitchen, i Salk. 198 ; that where a man covenants to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed ; it might be inferred, that the I)ean and...

Reports of Cases Determined in the Constitutional Court of South ..., Τόμος 2

South Carolina. Constitutional Court of Appeals, Henry Junius Nott, David James McCord - 1821 - 648 σελίδες
...act of parliament comes after and compels him to do it, the statute repeals the covenant. So if A. covenants to do a thing which is lawful, and an act of parliament comes 'and hinders him from doing it, it in like manner repeals the covenant. ( Rmvster vs. Kitchell, Salk....

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 σελίδες
...government. In Brewster v. Kitckell, 1 Sulk. 198. it is said by Holt Ch. J. that " if a man covenant to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed;" now it is as much competent to the King to...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 σελίδες
...government. In Brewster v. Kitclu-ll, 1 Sulk. 198. it is said by Holt Ch. J. that " if a man covenant to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed;" now it is as much competent to the King to...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 1040 σελίδες
...act of parliament comes after and compels him to do it, the statute repeals the covenant. So, if H. covenants to do a thing which is lawful, and an act...hinders him from doing it, the covenant is repealed." To apply the foregoing observations to the present case : (11) 15 Com. B. Rep. 619; BC 24 Law J. Rep....

A Selection of Leading Cases on Various Branches of the Law: With Notes, Τόμος 1

John William Smith - 1841 - 744 σελίδες
...means necessary ; for in Brewster v. Kitchall (a) Holt, Ch. J., said, " If H. (<•) SU 198. covenant to do a thing which is lawful, and an act of parliament come in and hinder him from doing it, the covenant is repealed ;" for which was cited Dy. 27, pi. 278....

Queen's Bench Reports, Τόμος 6

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1846 - 1150 σελίδες
...act of parliament comes after and compels him to do it, the statute repeals the covenant : so if H. covenants to do a thing which is lawful, and an act...hinders him from doing it, the covenant is repealed ; " Brewster v. Kilclidl (a). It may also be collected from Com. Dig. Condition (D. 1.), (L. 13.),...




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