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abandonment abate access of light acquiescence action at law adjoining land alteration ancient lights ancient windows application assignee Auction Mart Company authority Barrister at Law benefit bill building claim cloth Common Law considered conveyance court of equity court of law covenant damages decided decision defendant defendant's dominant tenement Duke easement Edition effect enjoyed enjoyment entitled erected evidence existence feet ground held House of Lords implied grant injury intention interfere judgment jurisdiction jury Kindersley lease licence light and air Lord Chancellor Lord Cottenham Lord Cranworth Lord Eldon Lord Westbury matter ment messuage Middle Temple Moxhay neighbour notice nuisance obstruction occupier old window opinion owner party person plaintiff Practice premises Prescription Act present principle pull purchaser question remedy restrain right to window rule servient tenement statute Tapling tenant tion treatise unity of possession vendor Vice-Chancellor Vict wall window lights Wood
第148页 - Of course, the price would be affected by the covenant, and nothing could be more inequitable than that the original purchaser should be able to sell the property the next day for a greater price, in consideration of the assignee being allowed to escape from the liability which he had himself undertaken.
第148页 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement and no covenant, this Court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
第237页 - AB of of the one part, and CD of of the other part, witnesseth that in consideration of the sum of £ now paid to AB by CD, the receipt of which the said AB hereby acknowledges [or whatever else the consideration may be], he the said...
第185页 - ... complained of, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
第22页 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
第188页 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
第148页 - That this Court has jurisdiction to enforce a contract between the owner of land and his neighbour purchasing a part of it, that the latter shall either use or abstain from using the land purchased in a particular way, is what I never knew disputed.
第10页 - I see by little and little more of what is to be done, and how it is to be done, should I ever be able to do it.
第145页 - The knowledge by an assignee of an estate, that his assignor had assumed to bind others than the law authorises him to affect by his contracts — had attempted to create a real burthen upon property, which is inconsistent with the nature of that property, and unknown to the principles of the law, cannot bind such assignee by affecting his conscience.