A General Abridgement of Law and Equity: Alphabetically Digested Under Proper Titles; with Notes and References to the Whole, Band 5

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G.G.J. and J. Robinson, 1792
 

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Seite 227 - • If a man covenant to build a house before such a day, and afterwards the plague is there before the day, and continues there till after the day, this shall excuse him from the breach of the covenant for not doing thereof before the day, for the law will not compel him to venture his life for it, but he may do it after.
Seite 234 - ... because the state of the land is executed and settled in the feoffee, and cannot be redeemed back again but by matter subsequent, namely, the performance of the condition. But the bond or recognizance is a thing in action, and executory, whereof no advantage can be taken, until there be a default in the obligor ; and, therefore, in all cases where...
Seite 80 - in consideration of such a thing," after the day is past the other shall have an action for the money or other thing, although the thing for which the promise, agreement, or covenant was made be not performed; for it would be repugnant there to make it a condition precedent, and therefore they are in that case left to mutual remedies on which, by the express words of the agreement, they have depended.
Seite 559 - The writ of contribution lieth where there are tenants in common, or who jointly hold a mill pro indiviso, and take the profits equally, *and the mill falleth into decay, and one of them will not repair the mill; now, the other shall have a writ to compel him to be contributory to the reparations.
Seite 443 - CJF said, it was a great contempt, and that, had he been there, he would have fined him, and committed him till he paid the fine; but being otherwise, he was bailed.
Seite 80 - First, if there be a day set for the payment of money, or doing the thing which one promises, agrees, or covenants to do, for another thing, and that day happens to Incur before the time the thing for which the promise, agreement or covenant is made, is to be performed by the tenor of the agreement; there, though the words be 'that the party shall pay the money...
Seite 543 - John the elder died. John the younger suffered a common recovery to the use of himself for life, remainder to his wife for life, remainder to the heirs male of their two bodies, remainder to the use of the will of John the elder,
Seite 559 - ... writ to compel him to be contributory to the reparations. And, if there be three or four coparceners of lands, and the eldest sister do the suit to the lord of whom the lands are holden, for all the coparceners, and the others will not allow her their proportion for her charges and losses for the same suit; that coparcener who did the suit may have this writ of contribution.
Seite 312 - ... other person. For if a man letteth land to another for term of life by indenture, rendering to the lessor and to his heirs a certain rent, and for default of payment a re-entry, &c., if afterward the lessor by a deed granteth the reversion of the land to another in fee, and the tenant for term of life attorn, &c., if the rent be after behind, the grantee of...
Seite 337 - ... from the reason of the common case of a devise in terrorem, and the reason he said he had from my Lord Chief Justice Hale, who (when it was objected in another case in this court that this court will not make men's wills for them and give their estates quite contrary to their intents) answered that this court holds plea of legacies, and judges of them by the rules of the civil law, and by that law any condition added to restrain marriage is void, so that where an interest doth not accrue to a...

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