 | 1896 - 1142 σελίδες
...covenantor hath not so said. Then the same resolution goes on: "But, when the covenant extends to a thing not in being at the time of the demise made, it cannot be appui-tenant or annexed to the thing which hath no being." Here, the covenant does not bind the assignee,... | |
 | 1887 - 542 σελίδες
...appurtenant to the thing demised, and shall go with the land, and shall bind the assignee, although be be not bound by express words ; but when the covenant...cannot be appurtenant or annexed to the thing which had no being." The plaintiff, as assignee of these leases, owned no part of these lands, and it had... | |
 | 1916 - 1352 σελίδες
...and appurtenant to the thins demised, and shall go with the land and bind the assignee though he is not bound by express words ; but when the covenant...time of the demise made, it cannot be appurtenant * * • to the thing that has no being.' If the covenant be to erect or set up a new house and \ the... | |
 | Ohio. Supreme Court - 1887 - 792 σελίδες
...appurtenant to the thing demised, and shall go with the land, and shall bind the assignee, although he be not bound by express words; but when the covenant...is not in being at the time of the demise made, it can not be appurtenant or annexed to the thing which hath no being." The plaintiff, as assignee of... | |
 | John William Smith - 1888 - 846 σελίδες
...appurtenant to the thing demised, and shall go with the land, and shall bind the assignee (a), although he be not bound by express words; but when the covenant...appurtenant or annexed to the thing which hath no being ; as if the lessee covenants to repair the houses demised to him during the term, that is parcel of... | |
 | William Meecham Bythewood, George Sweet - 1888 - 784 σελίδες
...appurtenant to the thing demised, and shall go with the land and shall bind the assignee, although he be not bound by express words ; but when the covenant...appurtenant or annexed to the thing which hath no being." In the second place, it was resolved that in the case under consideration " if the lessee had covenanted... | |
 | Horace Gay Wood - 1888 - 858 σελίδες
...appurtenant to the thing demised, and shall go with the land, and shall bind the assignee, although he be not bound by express words : but when the covenant...cannot be appurtenant or annexed to the thing which had no being." The plaintiff, as assignee of these leases, owned no part of these lands, and it had... | |
 | 1911 - 1320 σελίδες
...the assignee, although he be not named in express words; hut, when the covenant extends to a thing not in being at the time of the demise made, it cannot...appurtenant or annexed to the thing which hath no being." After citing cases, Nelson, CJ, who writes the opinion, continues : "Accordingly, upon this distinction,... | |
 | John Chipman Gray - 1888 - 816 σελίδες
...appurtenant to the thing demised, and shall go with the land, and shall bind the assignee although he be not bound by express words : but when the covenant extends to a thing which is not in being ^_ at the time of the demise made, it cannot be appurtenant or annexed to the thing which hath no being... | |
 | Ontario. High Court of Justice - 1888 - 846 σελίδες
...o of opinion that it does not. The rule in Spencer's Case, 1 Sm.LC ,!)th ed.,65,is very plain. Here the covenant extends to a thing which is not in being at the time of the demise made,and thereforecan not be appurtenant or annexed to the thing which hath existence. As said in the... | |
| |
When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing demised, and shall go with the land, and shall bind the assignee, although he be not bound... 
