Select Cases And Other Authorities On the Law of Property volume 2
Select Cases And Other Authorities On the Law of Property volume 2
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Cases, 22-27, and note, with cases cited. Its performance or non-performance, also, affected the mode of enjoyment of the granted premises, and their value or quality, so as to render the title acquired by the vendee a subordinate one ; ^ tt GILMER V. MOBILE AND MONTGOMERY RAILWAY CO. 382 and this is one of the tests by which to decide whether the covenant is inherent in the land itself. 1 Addison on Contracts, § 43o In other words the covenant of the vendee " qualified the estate which he took..., and attached itself to that estate. " Atlantic Dock Co. V. Zeavitt, 54 N Y 35 • s c 13 Amer. Rep. 556. Without consuming time to re- view the adjudged cases, we refer to the following authorities in sup- port of this conclusion: 3Iorse v. Aldnch, 19 Pick. 449; ^fon. O;. V. Coffin, 11 Amer. Rep. 335; Wollscroft v. 3Iorton lo Wise. 198; Norman v. Wells, 17 Wendell, 136 ; Van Bensselaer v. Bead, 26 N Y 558; Trustees of Watertown v. Cowen, 4 Paige, 510; 15 Sim. Encr ' Ch. 228 ; 1 Smith's Leading Cases, 27, and notes ; Fulton v.
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