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Page 101 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 267 - Any words in a deed, which shew an agreement to do a thing, make a covenant: as, if it be agreed by articles between A.
Page 303 - ... in trust for himself for life, remainder to his wife for life, remainder to his first and other sons, in strict settlement.
Page 246 - But a different construction soon prevailed ; and it is now settled, that the statute is confined to actions of assault and battery; and actions for local trespasses, wherein it is possible for the judge to certify, that the freehold or title of the land was chiefly in question.
Page 522 - ... thereupon, except that her husband willingly and without coercion of the church reconcile her, and suffer her to dwell with him; in which case she shall be restored...
Page 577 - ... it is of the greatest consequence to the law of England and to the subject, that these powers of the judge and jury are kept distinct ; that the judge determines the law, and the jury the fact ; and if ever they come to be confounded, it will prove the confusion and destruction of the law of England.
Page 255 - ... shall upon such rule or order being made as aforesaid, be disabled from taking out any execution for the sum recovered in any such action, unless the same shall exceed, and then in such sum only as the same shall exceed the amount of the taxed costs of the defendant...
Page 255 - ... in such action from the amount of his costs so to be taxed as aforesaid, to take out execution for such costs in like manner as a defendant may now by law have execution for costs in other cases.