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" Parliament ? this is the difference, viz., where H. covenants not to do an act or thing which was lawful to do, and an Act of Parliament comes after, and compels him to do it, the statute repeals the covenant; so, if H. covenants to do a thing which is... "
Term Reports in the Court of King's Bench - Page 95
de Great Britain. Court of King's Bench, Charles Durnford - 1817
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Reports of Cases Adjudged in the Court of King's Bench: With Some ..., Volume 1

Great Britain. Court of King's Bench, William Salkeld - 1795 - 534 pages
...compels him to do it, the ftatutc repeals the covenant : So .,,} , , . it-i ri tn »f H- covenants to do a thing which is lawful, and an act of parliament comes in and hinders him from doing it, the covenant ia repealed (Í). Vide Dyer 27. fl. 278. But if...
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A Treatise on Equity: With the Addition of Marginal References and ..., Volume 1

Henry Ballow, John Fonblanque - 1820 - 492 pages
...(r). (;•) From the rule laid down in Brewster v. Kitchen, i Salk. 198 ; that where a man covenants to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed ; it might be inferred, that the I)ean...
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Reports of Cases Determined in the Constitutional Court of South ..., Volume 2

South Carolina. Constitutional Court of Appeals, Henry Junius Nott, David James McCord - 1821 - 648 pages
...parliament comes after and compels him to do it, the statute repeals the covenant. So if A. covenants to do a thing which is lawful, and an act of parliament comes 'and hinders him from doing it, it in like manner repeals the covenant. ( Rmvster vs. Kitchell,...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 pages
...comes afterwards and compels him to do it, the statute repeals the covenant : so, if one covenants to do a thing which is lawful, and an Act of Parliament comes in and hinders him from doing it, the covenant is repealed ; but if a man covenants not to do...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 pages
...of that government. In Brewster v. Kitclu-ll, 1 Sulk. 198. it is said by Holt Ch. J. that " if a man covenant to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed;" now it is as much competent to the...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 pages
...of that government. In Brewster v. Kitckell, 1 Sulk. 198. it is said by Holt Ch. J. that " if a man covenant to do a thing which is lawful, and an act of parliament comes and hinders him from doing it, the covenant is repealed;" now it is as much competent to the...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 1032 pages
...parliament comes after and compels him to do it, the statute repeals the covenant. So, if H. covenants to do a thing which is lawful, and an act of parliament comes in and hinders him from doing it, the covenant is repealed." To apply the foregoing observations...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 1

John William Smith - 1841 - 744 pages
...by no means necessary ; for in Brewster v. Kitchall (a) Holt, Ch. J., said, " If H. (<•) SU 198. covenant to do a thing which is lawful, and an act...which is the same thing ; and the rule of law applies, /-•.<• rum coffit adimpossibilia. A bankrupt is discharged by the bankrupt laws from such obligations...
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Queen's Bench Reports, Volume 6

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1846 - 1150 pages
...parliament comes after and compels him to do it, the statute repeals the covenant : so if H. covenants to do a thing which is lawful, and an act of parliament comes in and hinders him from doing it, the covenant is repealed ; " Brewster v. Kilclidl (a). It may...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1852 - 616 pages
...Parliament comes after and compels him to do it, the statute repeals the covenant. So, if H. covenants to do a thing which is lawful, and an act of Parliament comes in and hinders *him from doing it, the L -I covenant is repealed. But, if a man covenants not...
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