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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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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1868 - 776 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 - 1868 - 384 pages
...! . such folly, or inconsistency. Every grant, in its ow i 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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The Works of Daniel Webster, Volume 5

Daniel Webster - United States - 1869 - 566 pages
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment ot 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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Albany Law Journal, Volume 63

Law - 1901 - 510 pages
...State of Georgia was a contract within the Constitution, for a grant amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. It seems clear that what the court was really doing in this case was protecting vested rights of property,...
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The Civil Code of the State of California, Volume 1

California - Civil law - 1872 - 728 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.— Fletcher vs. Peck, 6 Cranch, p. 136. TITLE IV. UNLAWFUL CON TB ACTS. SECTION 1667. .What is unlawful....
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Journal, Volume 2

Michigan. Legislature. House of Representatives - Legislative journals - 1873 - 1042 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. Mr. Parsons, in his work on contracts, Vol....
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Catholic World, Volume 18

1874 - 900 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 should be as much protected as a grant from one individual to another ; therefore,...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - Constitutional law - 1874 - 904 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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Reports of Cases in the Supreme Court of Nebraska, Volume 3

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1874 - 506 pages
...of minds." And again, it is said that "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." A contract executed and a contract executory...
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The Atlantic Monthly, Volume 35

1875 - 782 pages
...'.' (or deed) " is an executed contract;" and, "in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right." If a State therefore has a general power, as is assumed in Massachusetts, Connecticut, and elsewhere,...
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