Page images
PDF
EPUB
[merged small][merged small][ocr errors][merged small]

11. Of covenants in leases; which of them do not bind an as-

signee,

12. Covenants which run with the land for or against an assignee

of a lessor or lessee,

13. Covenants which do not bind an assignee not named,

14. Covenants which bind an assignee who is named,

15. Covenants which bind an assignee whether named or not,

16. Effect of lessee's assigning by way of mortgage; whether

mortgagee can be charged as assignee,

17. How assignees of lessee becoming bankrupt or insolvent may

be charged; what is the liability of trustees in an assignment

by a debtor of all his estate,

18. How executor of lessee may be sued as assignee; how far he

is liable,

19. At what time a breach of the covenant must happen to enable

an assignee to sue for such breach; which of the successive

assignees may sue, and which covenantor may be sued there-

for,

20. At what time the breach of a covenant must happen to main-

tain an action against an assignee for such breach,

21. Where the assignments are of separate parcels, or of undivi.

ded interests, what right of action exists for or against the

assignees,

Chap. 8.-Of the action on covenants in the convey-

ance of land, which are broken at the instant;

and on covenants in the sale of chattels,

1. What is an immediate breach of certain covenants; especially

of the covenant of seisin,

2. Of covenant by grantor that he is true owner; or that he has

good right to convey,

3. Of the covenant against incumbrances,

4. On covenants broken before the covenantee assigned, the right

of action is generally limited to him or his personal repre-

sentative,

5. Attempt in Maine to give by statute a remedy to an assignee

on a covenant of seisin, or covenant against incumbrances,

6. Whether at common law, if there be seisin in fact passing from

the covenantor to the covenantee, and then to his heir or as-

signee, the circumstance of the covenant being broken before

the covenantee's death or assignment, will prevent the heir

or assignee from maintaining an action for damage in his

time. On this question the courts of England and Ohio on

one side ; those of Connecticut, Vermont and Massachusetts

6. Action on covenant in bill of sale for a slave,

Chap. 9.-Whether without covenant of warranty or

other special covenant by sub-lessee or as-

signee, there is a right of action against him

by his assignor for breach of covenants in ori-

ginal lease,

1. Nature of the decision in Neale v. Wyllie, 3 Barn. & Cress.

533,

2. Neale v. Wyllie overruled in Penley &c. v. Watts &-c. 7 M. &

W. 609; the latter now the law. Sub-lessee is liable only

for the damage sustained by breach of his own covenant;

how first lessee may protect himself by taking a covenant of

indemnity,

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

come liable as acceptor,

[ocr errors]

endorser of note,

2. How and by whom demand is made,

3. At what time demand is made,

173

174

174

« PreviousContinue »