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" ... that it could not have been the intention of the parties that the habendum should operate according to the words. "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Page 692
by Nathaniel Cleveland Moak - 1872
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Volume 12

Charles Viner - Law - 1801
...time of the, leafe the cellar in quedion was in the occupation of В., another tenant, and, therefore, that it could not have been the intention of the parties that it fhould pafs by the leafe to the defendant, and that the defendant had not claimed it till after...
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A Treatise on the Law of Obligations, Or Contracts, Volume 2

Robert Joseph Pothier - Civil law - 1806
...leafe, the cellar in queftion was in the occupation of another tenant was held admiflible, to fliew that it could not have been the intention of the parties that it fliould pafs by the leafe. Doe v. Burt, i TR 701. With refpect to wills, (the inflruments which...
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Term Reports in the Court of King's Bench, Part 185, Volume 1

Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817
...lime of the lease the cellar in question was in the occupation of B. another tenant} and therefore that it could not have been the intention of the parties that it should pass by the lease to the defendant 5 and that the defendant had not claimed it till after...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - Law reports, digests, etc - 1818
...sak is reserved to the trustees and their heirs, still it is clear from the other parts of the deed, that it could not have been the intention of the parties that the respective heirs of the respective trustees should execute the power; for the new trustees appointed...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1835
...the lease may control the habendum ; but then it must be clear from those other parts of the lease, that it could not have been the intention of the parties that the habendum should operate according to the words. It must however be a very strong case, and quite clear,...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volume 6

Ireland. Court of King's Bench - Law reports, digests, etc - 1844
...instruments together, and the language of each, I think much may be found to guide us to the conclusion, that it could not have been the intention of the parties, that in the particular matter in question, or in any other part of the proposal, save those specially introduced...
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A Treatise on the Law of Leases: With Forms and Precedents, Volume 2

Thomas Platt - Leases - 1847
...the lease may control the habendum ; but then it must be clear from those other parts of the lease that it could not have been the intention of the parties that the habendum shoidd operate according to the words. It must, however, be a very strong case, and quite...
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A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu

Charles Greenstreet Addison - Contracts - 1847 - 910 pages
...separate rent, which was known to the defendant at the time of his acceptance of the lease, and therefore that it could not have been the intention of the parties that the cellar so occupied by a third party should pass to him under the general description of the messuage...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 9

United States. Supreme Court - Law reports, digests, etc - 1870
...claims were, on the part of the United States, renounced by the fifth renunciation. His reasoning is, that it could not have been the intention of the parties that they should renounce claims, or admit statements of them, not known to the party assuming the obligation...
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The Law Reports: Equity cases, before the Master of Rolls and the ..., Volume 13

Great Britain. Court of Chancery - Law reports, digests, etc - 1872
...But if the terms of the covenant leave the matter in doubt, the provisions of this settlement shew that it could not have been the intention of the parties...cognizant of the fund in question ; they settled similar VOL. XIII.] 301 particulars belonging to the wife, and the inference seems irresistible that they did...
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