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FROM THE ORGANIZATION OF THE COURT TO THE
CLOSE OF THE OCTOBER TERM, 1884.

BY

JONATHAN KENDRICK KINNEY.

TWO VOLUMES.

VOL. II.

BOSTON:

LITTLE, BROWN, AND COMPANY.

1886.

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LABOR― Assumpsit for Work and Labor.
See ASSUMPSIT.

Lien for Labor.

See LIEN.

LACHES-Affecting Right to Specific Perform

ance.

See SPECIFIC PERFORMANCE, 44 et seq. Defence in Equity-In general.

L.

See EQUITY-LACHES AND LIMITATION.
Right lost by

Letters-patent
Laches.

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Reissue

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See PATENT - REISSUE, 7 et seq.
Laches not imputable to.

United States

See BOND, 35.
LAND-Circuit Court now no Original Jurisdic-
tion to reform Surveys of Mexican Land
Claims in California.

See CIRCUIT COURT — JURISDICTION, 38.
Contracts respecting, under Statute of Frauds.
See FRAUDS, STATUTE OF, 1, 11 et seq.
Conveyance - In general.
See DEED.

Covenants running with.

See COVENANT.

Decisions of State Courts respecting Titles to
Land followed by Federal Courts.

See FEDERAL COURTS-STATE LAWS,
RULES OF DECISION, 20 et seq.

Grant-In general.

See GRANT.

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1.

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Lease Construction.] A contract is a lease where it contains all the essential elements thereof. Thomas v. West Jersey Railroad Co., 101 U. S. 71.

2. Where the government hires buildings and surrounding grounds to be used for "all purposes," it may use the buildings for a small-pox hospital. United States v. Bostwick, 94 U. S. 53.

3. Where the government hired buildings, etc., for a certain term at a certain sum per month, with the privilege of an extension of the term, and the lessor after expiration of the term accepted a payment without objection at a less rate for part of the term and for time beyond, that rate was held to be the rate at which the extended term should be computed. Ib.

4. Where a lease stipulated that if the tenant underlet or attempted to remove any of his goods without consent, then, at the landlord's option, the term should cease, 66 and moreover, in either of said cases, . . . one whole year's rent" over and above such rents thereinbefore reserved to be paid each month as should already have accrued should become due and might be "levied by dis

Public Lands of the Several States -In gen-tress and sale" of goods, it was held that the

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stipulation contemplated rent in advance, at the landlord's option, and not a penalty independent of rent. Dermott v. Wallach, 1 Wal. 61.

5. Where a city on the Mississippi leased a wharf for a certain term, stipulating that if the right to collect wharfage should be "suspended for any period by the intervention of third parties the time of such suspension should be added to the term, it was held that the time during which navigation was interrupted by the war was not within the stipulation. Marshall v.

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LANDLORD AND TENANT-Lease - Construc- Vicksburg, 15 Wal. 146.

tion.

See pl. 1-9.

Rights and Liabilities of Tenant — Right to attorn to Holder of Paramount Title, to remove Buildings, to demand Payment therefor, etc.- Liability for Waste, for Accidental Damages.

See pl. 10-21.

6. And where it provided that if the right to collect wharfage should be "interrupted or defeated permanently through the instrumentality or with the aid" of the city, the property which the lessee had conveyed to the city should revert, it was held that his right was not violated by an ordinance reducing wharfage charges which he himself caused to be passed, nor by a tax, as dis

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