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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... "
The Law of Real Property and Other Interests in Land - Page 745
by Herbert Thorndike Tiffany - 1903
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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
...531. " The question," says Lord Cottenham, in Tuck v. Moxhuy, IS LJ (Ch.) 83, " is not whether the covenant runs with the land, but whether a party shall...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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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 51

New Jersey. Court of Chancery - 1894 - 722 pages
...which does not run with the laud, this court cannot enforce it ; but the question is, not whether the covenant runs with the land, but whether a party shall...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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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 810 pages
...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...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 Argued and Determined in the High Court of ..., Volume 2

Thomas Jodrell Phillips, Great Britain. Court of Chancery - 1849 - 914 pages
...with the land, this Court cannot enforce it; but the question is, not whether the covenant runs wiih the land, but whether a party shall be permitted to use the land in a manner inconsistent with (a) 9 Sim. 196. (c) 15 Sim. 379. (A) 10&M.35. 1848. with the contract entered into by his vendor, and...
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Reports of Cases Decided in the High Court of Chancery ...: With Notes and ...

Great Britain. Court of Chancery - 1850 - 744 pages
...which does not run with the land, this court cannot enforce it; but the question is, not \vhether the covenant runs with the land, but whether a party shall...inconsistent *with the contract entered into by his vendor, [*778] and with notice of which he purchased. Of course, the price would be affected by the covenant,...
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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
...the grantee with notice. The Lord 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 contract entered into by his vendor, and with notice of which he purchased."...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 270

Illinois. Supreme Court - 1916 - 720 pages
...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...his vendor and with notice of which he purchased. Of course, the price would be affected by the covenant, and nothing could be more inequitable than...
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The American Law Register, Volume 10

1862 - 802 pages
...against a purchaser with notice. The Lord Chancellor said the question was not "whether the covenant ran with the land, but whether a party shall be permitted...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
...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...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
...Cottenham C. refused a motion to discharge it: he said, pp. 777-8, " The question is, not whether the covenant runs with the land, but whether a party shall...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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