The contract between Georgia and the purchasers was executed by the grant. 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... Catholic World - Seite 331874Vollansicht - Über dieses Buch
| United States. Congress - 1825 - 738 Seiten
...Government are transferable, or the proper objects of contract. A grant (and such is a charter) extinguishes the right of the grantor, and implies a contract not to reassert that right until the end of the charter; yet it is not competent for the Secretary or the President to take advantage... | |
| Alabama. Supreme Court, George Noble Stewart - 1835 - 526 Seiten
...contract executed, and a party is always estopped by his own grant. A party cannot pronounce his own deed invalid, whatever cause may be assigned for its...invalidity, and though that party be the legislature of the State. It was accordingly declared, that the State of Georgia, having parted from the estate of... | |
| Daniel Webster - 1830 - 518 Seiten
...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. If under a fair construction of the constitution, grants are comprehended under the term contracts,... | |
| Joseph Story - 1833 - 782 Seiten
...it, a repeal of that law cannot divest those rights, or annihilate, or impair the title so acquired. A grant amounts to an extinguishment of the right...the grantor, and implies a contract not to reassert it. ^ 707. The cases above spoken of are cases, in which rights of property are concerned, and are.... | |
| Indiana. Supreme Court, Isaac Newton Blackford - 1836 - 550 Seiten
...as an executory contract, contains obligations binding on the parties; that a grant, in its nature, amounts to an extinguishment of the right of the grantor,...and implies a contract not to reassert that right; and that in fact, a grant is a contract executed, and that its obligation as such continues in force,... | |
| 1838 - 860 Seiten
...diners nothing from a grant. " .Every grant (whether by the Legislature or otherwise) in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert it. — Contracts too are express or implied. Express contracts are where the terms of the agreement... | |
| Pennsylvania. Constitutional Convention - 1838 - 696 Seiten
...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,...implies a contract not to re-assert that right. A party is, therefore, always estopped by his own grant. Since, then, in fact, a grant is a contract... | |
| John Marshall - 1839 - 762 Seiten
...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...and implies a contract not to reassert that right. A party is therefore always estopped by his own grant. Since, then, in fact, a grant is a contract executed,... | |
| Joseph Story - 1840 - 394 Seiten
...The Constitution is not chargeable with such folly, or inconsistency. Every grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert it. A party is, therefore, always estopped by his own grant. How absurd would it be to provide, that... | |
| New Jersey. Legislature. Legislative Council - 1840 - 422 Seiten
...: — Contracts may be express or implied. A grant is in the nature of an implied contract, for it amounts to an extinguishment of the right of the grantor, and implies a contract that he will not re-assert it. — 2 Story on Const. 243. The Constitution having made use of the general... | |
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