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acquired action actual adverse possession amount applied authority bill bound brances breach broken brought cited claim collateral warranty common law consideration considered contract conveyance court held court of equity cove covenant against incumbrances covenant for further covenant for quiet covenant for seisin covenant of warranty covenantee covenantor covenants for title decision decree deed defect defendant doctrine effect entitled estopped estoppel eviction evidence executed executors express fee simple feoffment fraud further assurance grantee grantor ground implied incum indefeasible estate infra judgment land latter lease lessee lessor liable Litt Lord Mass ment mortgage nant notice owner paid paramount title party passed payment person plaintiff possession premises principle purchase money question quiet enjoyment ranty real estate reason recover recovery rent right to convey rule seised sold Stat statute statute of Anne subsequent suit supra tenant tion vendee vendor Verm warrantor words writ
Page 221 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 565 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 6 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...
Page 395 - The principle deducible from these authorities seems to be that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey, or, what is the same thing, if the seizin or possession of a...
Page 514 - Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property, unless the contrary be shown.
Page 170 - ... indemnify against all persons, this is but a covenant to indemnify against lawful title ; and the reason is, because as it regards such acts as may arise from rightful claim, a man may well be supposed to covenant against all the world ; but it would be an extravagant extension of such a covenant if it were good against all the acts which the folly or malice of strangers might suggest; and therefore the law has properly restrained it within its reasonable import, that is, to rightful title.
Page 37 - CD, his heirs and assigns as aforesaid ; and that I will, and my heirs, executors and administrators shall warrant and defend the same to the said CD, his heirs and assigns forever, against the lawful claims and demands of all persons.
Page 310 - The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested.
Page 369 - If any person shall convey any real estate by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real estate, but shall afterwards acquire the same, the legal estate subsequently acquired, shall immediately pass to the grantee, and such conveyance shall be valid as if such legal estate had been in the grantor at the time of the conveyance.
Page 462 - ... 1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee; 2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made, or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.