A Treatise on the Law of Landlord and Tenant: With an Appendix of Statutes and Copious Index |
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Page viii
... Damage Feasant , 268 . CHAPTER VIII . REMEDIES UPON A WRONGFUL DISTRESS . By Action of Trespass or on the Case , 271 ; where no Rent was due at the Time of the Distress , 272 ; where the Distress was for more Rent than was due , 274 ...
... Damage Feasant , 268 . CHAPTER VIII . REMEDIES UPON A WRONGFUL DISTRESS . By Action of Trespass or on the Case , 271 ; where no Rent was due at the Time of the Distress , 272 ; where the Distress was for more Rent than was due , 274 ...
Page 84
... damages from the other for the injury he may have received by a breach of covenant in his favour , and it will be no excuse for the defendant to allege a breach of covenant on the part of the plaintiff , which he might do if the ...
... damages from the other for the injury he may have received by a breach of covenant in his favour , and it will be no excuse for the defendant to allege a breach of covenant on the part of the plaintiff , which he might do if the ...
Page 85
... damages , it is an independent cove- nant , and an action may be maintained for a breach of the covenant on the part ... damage he may have sus- tained in not having the whole consideration ( ƒ ) . 4th . Where mutual covenants go to the ...
... damages , it is an independent cove- nant , and an action may be maintained for a breach of the covenant on the part ... damage he may have sus- tained in not having the whole consideration ( ƒ ) . 4th . Where mutual covenants go to the ...
Page 99
... damages sustained by him through the nonperformance thereof ( o ) . Where there is a sealed instrument of demise , or where there is an instrument not under seal in cases within the second sec- tion of the stat . 29 Car . 2 , c . 3 ( p ) ...
... damages sustained by him through the nonperformance thereof ( o ) . Where there is a sealed instrument of demise , or where there is an instrument not under seal in cases within the second sec- tion of the stat . 29 Car . 2 , c . 3 ( p ) ...
Page 114
... damages awarded , it shall be in the election of him who sues for such debt or damages , to have a writ of fieri facias to the sheriff for levying the debt of the lands and chattels ; or that the sheriff shall deliver to him all the ...
... damages awarded , it shall be in the election of him who sues for such debt or damages , to have a writ of fieri facias to the sheriff for levying the debt of the lands and chattels ; or that the sheriff shall deliver to him all the ...
Contents
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Other editions - View all
A Treatise on the Law of Landlord and Tenant: With an Appendix of Statutes ... Charles Broadbelt Claydon No preview available - 2013 |
A Treatise on the Law of Landlord and Tenant: With an Appendix of Statutes ... Charles Broadbelt Claydon No preview available - 2020 |
Common terms and phrases
accrued action advowson aforesaid agreement arrears of rent assigns bailiff Bing cattle CHAP chattels common law copyhold corporation corporation sole court covenant coverture Cowp damage declaration deed deemed defendant demised premises determined distrained distress for rent Doe d Dougl dower Dowl East ejectment Eliz emblements entitled entry execution executors expiration fee simple forfeiture freehold further enacted grant heirs held husband impounded judgment justice land or rent landlord lease lessee lessor liable Litt Lord manor ment messuage mortgagee notice to quit occupied owner party payable payment person or persons plaintiff possession Q. B. Rep rateable recover remainderman remedy rent charge rent reserved repair replevin respect reversion Salk Saund seised seisin sheriff statute sufficient surrender Taunt tenant tenements tenements or hereditaments term thereof tion tithes trespass undertenant unless vide supra writ
Popular passages
Page 394 - That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; (that is to say), the word
Page 23 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 360 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 398 - ... during the said period have been entitled to any other estate, interest, right, or possibility, in reversion, remainder, or otherwise, in or to the same land or rent, no entry, distress, or action shall' be made or brought by such person, or any person claiming through him, to recover such land or rent, in respect of such other estate, interest, right, or possibility, unless in the meantime...
Page 82 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 395 - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page 83 - 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 377 - ... to plead the general issue, and give the special matter in evidence...
Page 404 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due...
Page 400 - ... person or any person claiming through him to make an entry or distress, or bring an action to recover such land or rent, shall be deemed to have first accrued at and not before the time at which such acknowledgment, or the last of such acknowledgments, if more than one, was given.