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" A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant. "
Register of Debates in Congress: Comprising the Leading Debates and ... - Page 2907
by United States. Congress - 1825
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 3

Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...contains obligations binding on the parties. A grant in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. If under a fair construction of the constitution, grants are comprehended under the term contracts,...
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Speeches and Forensic Arguments

Daniel Webster - United States - 1830 - 518 pages
...contains obligations binding on the parties^ A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. If under a fair construction of the Constitution, grants are comprehended under the term contracts,...
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Commentaries on American Law, Volume 1

James Kent - Law - 1832 - 590 pages
...invalidity, and though that party be the legislature of a state. A grant amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A grant from a state is as much protected by the operation of the provision of the constitution, as...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - Constitutional history - 1833 - 800 pages
...chargeable with such folly, or inconsistency. Every grant in its own nature amounts to an extinguishment of the right of the grantor, and implies a contract not to re-assert it. A party is, therefore, always estopped by his own grant.1 How absurd would it be to provide, that...
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Reports of Cases Argued and Determined in the Supreme Court of Judicature of ...

Indiana. Supreme Court, Isaac Newton Blackford - Law reports, digests, etc - 1836 - 550 pages
...contains obligations binding on the parties; that a grant, in its nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right; and that in fact, a grant is a contract executed, and that its obligation as such continues in force,...
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The Southern Botanic Journal, Volumes 1-2

Medicine, Botanic - 1838 - 860 pages
...grant (whether by the Legislature or otherwise) in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert it. — Contracts too are express or implied. Express contracts are where the terms of the agreement...
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Proceedings and Debates of the Convention of the Commonwealth of ..., Volume 5

Pennsylvania. Constitutional Convention - Constitutional conventions - 1838 - 696 pages
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to re-assert that right. A party is, therefore, always estopped by his own grant. Since, then, in fact, a grant is a contract...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the .right of the grantor, and implies a contract not to reassert that right. A party is therefore always estopped by his own grant. Since, then, in fact, a grant is a contract...
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A Familiar Exposition of the Constitution of the United States: Containing a ...

Joseph Story - Constitutional law - 1840 - 394 pages
...with such folly, or inconsistency. Every grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert it. A party is, therefore, always estopped by his own grant. How absurd would it be to provide, that...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...invalidity, and though that party be the legislature of a state. A grant amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A grant from a state is as much protected by the operation of the provision of the constitution, as...
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