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" It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with... "
Comments on Recent Decisions in the Law of Property - Page 13
by Theodore Robert Meyer - 1924
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 51

New Jersey. Court of Chancery - 1894 - 722 pages
...runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased. Of course, the price should be affected by the covenant, and nothing could be more inequitable than...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 40

New Jersey. Court of Chancery - 1886 - 822 pages
...runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased." De Matios v. Gibson, 4 DC (1. & J. 282 ; Mmatgenes Imperiales v. Bainex, 11 W. 11. 322; SC, 7 LT (N....
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 810 pages
...runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased" — of course the price will be affected by the covenant. And again he says, "That the question does...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 26

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 pages
...Chancellor said the question was, not " whether the covenant ran with the land, but whether a party shall be permitted to use the land inconsistently with the...his vendor, and with notice of which he purchased." He then states this principle as an answer to the question : "If an equity^ttached/Zo the property...
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The American Law Register, Volume 10

1862 - 802 pages
...ran with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which 'he purchased ;" which he answers at once in the negative, saying : " If an equity is attached to the property by...
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A Treatise on the Law of Window Lights

Francis Law Latham - 1867 - 324 pages
...runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased. Of course the price would be affected by the covenant, and nothing would be more inequitable than that...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1869 - 1030 pages
...runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased." "If an equity is attached to the property by the owner, no one purchasing with notice of that equity...
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Albany Law Journal, Volume 38

1889 - 546 pages
...UBeav. 571; 2 Phil. Ch. 774, not whether the covenant ran with the land, but whether a party shall be permitted to use the land inconsistently with the...contract entered into by his vendor, and with notice os which he purchased. This principle was applied in Tallmadge v. Bank, 26 \. Y. 105, where the equity...
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The Civil Code of the State of California, Volume 1

California - 1872 - 728 pages
...running with the land. — Id. See, however, Talmadge vs. East River Bank, 26 NY, p. 105; Tulk vs. Moxhay, 2 Phil., p. 774; 11 Beav., p. 571. In these...his vendor, and with notice of which he purchased." The principle there involved was simply: "If an equity attached to the property by the owner, no one...
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The Law and Practice of Injunctions in Equity and at Common Law, Volume 1

William Joyce - 1872 - 852 pages
...runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased ; and said that Lord Brougham, in KeppeTl v. Bailey (1), never could liave meant (1) 2 My. & K. 547....
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