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" A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore,... "
Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of ... - Página 310
de George Ticknor Curtis - 1854 - 635 páginas
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Catholic World, Volumen 18

1874 - 900 páginas
...invalidity, and though that party be the legislature of a state. A grant amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A grant from a state should be as much protected as a grant from one individual to another ; therefore,...
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The Atlantic Monthly, Volumen 35

1875 - 782 páginas
...grant '.' (or deed) " is an executed contract;" and, "in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right." If a State therefore has a general power, as is assumed in Massachusetts, Connecticut, and elsewhere,...
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The Cradle of the Confederacy: Or, The Times of Troup, Quitman, and Yancey ...

Joseph Hodgson - 1876 - 560 páginas
...invalidity, even though that party be the Legislature of a State. A grant amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A grant from a State is as much protected by the operation of the provision of the Constitution as a...
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The American Reports: Containing All Decisions of General ..., Volumen 20

Isaac Grant Thompson - 1877 - 882 páginas
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract...right. A party is, therefore, always estopped by his ow:\ grant." MARSHALL, CJ, in Fletcher v. Peck, 6 Cr. 87, 137. Th 3 vity of Mobile, by its ordinance...
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Notes of Constitutional Decisions: Being a Digest of the Judicial ...

Orlando Bump - 1878 - 474 páginas
...contains obligations binding on the parties. A grant, in its own nature, { amounts to an extinguishment of the right of the grantor, and implies a contract not to re-assert that right. Since then, in fact, a grant is a contract executed, the obligation of which still continues, and since...
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The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel ...

Daniel Webster, Edwin Percy Whipple - 1879 - 780 páginas
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment Hall in his capacity of legislator. They can scarcely believe that the paltry If, under a fair construction of the Constitution, grants are comprehended under the term contracts,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volúmenes 63-64

1895 - 2084 páginas
...contains obligations binding on the parties. A grant. In its very nature, amounts to an extinguishment of the right of the grantor, and implies a contract...party is therefore always estopped by his own grant" In City of New Orleans v. Great Southern, etc., Co., supra, where the city, after granting the right...
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The Southern Law Review: And Chart of the Southern Law and ..., Volumen 7

1882 - 970 páginas
...own agreement. He comes to the gift. But every grant in its own nature amounts to an extinguishment of the right of the grantor and implies a contract not to reassert that right. Hence, if there is a prior lien, there 1 Harbert's Case, 3 Coke, lib. 2 James v. Howard, I Paige, 228;...
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The Southern Law Review, Volumen 7

1882 - 992 páginas
...own agreement. He comes to the gift. But every grant in its own nature amounts to an extinguishment of the right of the grantor and implies a contract not to reassert that right. Hence, if there is a prior lien, there 1 Harbert's Case, 3 Coke, II b. * James v. Howard, I Paige,...
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Introduction to American Law: Designed as a First Book for Students

Timothy Walker - 1882 - 850 páginas
...which Georgia was a party. A grant is a contract executed. In its own nature, it is an extinguishment of the right of the grantor, and implies a contract not to reassert that right. Such a contrnct Georgia had made, and rights had become vested under it Could the legislature afterwards...
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