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" His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order... "
A Practical Treatise on the Law of Covenants - Σελίδα 77
των Thomas Platt - 1829 - 660 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1881 - 1076 σελίδες
...condition or not, the rule laid down by Lord Mansfield in Jones v. Barkley (^) remains unchanged, " that the dependence or independence of covenants is...meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the...

American Law Magazine, Τόμος 5

1845 - 500 σελίδες
...recover on this covenant, unless he showed that the house was completed by the first of April, 1842. The dependence or independence of covenants is to...the evident sense and meaning of the parties, and however transposed they may be in the deed, the precedency must depend on the order of time, in which...

Reports of Cases Argued and Adjudged in the Court of Appeals of ..., Τόμοι 9-10

1883 - 984 σελίδες
...whether covenants or conditions are to be construed mutual and independent, or dependent, is always to be collected from the evident sense and meaning of the parties, and however transposed they may be, their precedency must depend on the order of time in which the intent...

Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Τόμος 2

Judah Philip Benjamin - 1884 - 646 σελίδες
...condition or not, the rule laid down by Lord Mansfield, in Jones v. Barkley, (/) remains unchanged, " that the dependence, or independence, of covenants,...meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the...

Reports of Cases Argued and Adjudged in the Court of Appeals of ..., Τόμοι 17-18

1884 - 774 σελίδες
...of Kingston vs. Preston, Ld. Mansfield says, " that the dependence or independence of covenants, was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the...

The Law of Contracts

John Innes Clark Hare - 1887 - 748 σελίδες
...technical words must give way.1 When the inquiry is in relation to their dependence or independence, this is to be collected from the evident sense and meaning of the parties ; and however transposed they may be in the instrument, their precedency must depend on the order of time...

Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Τόμος 2

Judah Philip Benjamin - 1888 - 1034 σελίδες
...condition or not, the rule laid down by Lord Mansfield, in Jones v. Barkley,3 remains unchanged, " that the dependence, or independence, of covenants,...of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the...

The Northwestern Reporter, Τόμος 36

1888 - 986 σελίδες
...MANSFIELD, CJ, and often quoted approvingly, is "that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the vrder of time in which the intent of the...

Rules for the Interpretation of Deeds: With a Glossary

Sir Howard Warburton Elphinstone, Robert Frederick Norton, James William Clark - 1889 - 746 σελίδες
...according to the nature of the transaction;" per Ashhurst, J., Hothani \. East India Co., 1 T. B. 645. "The dependence or independence of covenants is to...the evident sense and meaning of the parties; and, however transposed they may be in the deed, their precedency must depend on the order of time (a) in...

The Southern Reporter, Τόμος 7

1890 - 956 σελίδες
...precedent or subsequent, or whether there is dependence or independence of stipulations or requirements, is to be collected from the evident sense and meaning of the parties as they have expressed themselves. The question of precedency depends 'on the order of time in which...




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