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The Mining Reports (Volume 8); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References

The Mining Reports (Volume 8); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885. Excerpt: ... interest, were not bound to enter into personal covenants: Page v. Broom, 3 Beav. 36; Worley v. Frampton, 5 Hare, 560; Brooke v. Hewitt, 3 Vesey, 255; Willingham v. Joyce, 3 Vesey, 168; Beauclerk v. Ashbumham, 8 Beav. 322; Powell v. Lloyd, 2 Y. & Jer. 372. That the only foundation for the plaintiffs' remedy must be the original covenant contained in the first lease, which ran with the land and would affect all subsequent owners, and that if the renewed lease contained a recital of that covenant it would bind all purchasers who would thereby have notice of the lessees' interest. That each successive renewal must be considered as a tentative act only toward performance of the covenant, which being perpetual in its terms could not be held to be satisfied by any limited number of compliances with it, and that it was quite settled that the doctrine of perpetuity did not apply to such a case. The vice-chancellor expressed his opinion to be, that no such covenant as that claimed by the plaintiffs could be required from the trustees, and that the form proposed of reciting the covenant for renewal, and declaring the new lease to be granted in pursuance of it, was the proper one; and he declared, Reg Lib., 1822, A. Fol. 905, "that according to the covenant contained in the lease of 1788, the plaintiffs were entitled to a perpetual renewal of the lease of the lands," etc., etc.: Bridges v. Hitchcock, 5 Bro. P. C. 6; Cooke v. Booth, Cow p. 819; Furnival v. Crew, 3 Atk. 83; Moore v. Foley, 6 Vesey, 232; Iggulden v. May, 9 Ves. 325, and 7 East, 237; Bowling v. Mill, 1 Mad. 541; Harnett v.'Yeilding, 2 Sch. & Let'. 556; Brown v. Tighe, 2 CI. & Fin. 396; Sheppard v. Doolan, 3 Dr. & War. 1; Price v. Assheton, 1 You. & Coll. (Exch.) 82; Smyth v. Nangle, 7 CI. & Fin. 405; an...


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Product Details
  • ISBN-13: 9781150629105
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 274
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 115062910X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 494 gr


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The Mining Reports (Volume 8); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References
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