English Ruling Cases volume 14

Cover English Ruling Cases volume 14
English Ruling Cases volume 14
Robert Campbell
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13-15. — Lampon v. Corke ; Boyd v. Petrie ; Danby v. Coutts &, Co. — Notes.
an agreement for the sale of Blackacre and. Whiteacre for a certain sum, followed by a conveyance, ' in pursuance of the recited agreement and in consideration of ihe said sum of £ (the receipt, &e. ), ' of Blackacre only, will operate in equity as a conveyance of Whiteacre also. But a recital of an agreement for the sale of Blackacre for a cer- tain sum, followed by a conveyance of Blackacre and Whiteacre for that sum,
... appears to fall within the rule. " AMERICAN NOTES.
Boyd v. Petrie is cited in Devlin on Deeds, sect. 398, and Danby v. Coutts, in 1 Jones on Real Property, sect. Lit!).
Recitals have never been much used in this country, and cases concerning their effect are rare. Mr. Jones adopts the principles of the Rule, but cites none but English cases to substantiate them, except one interesting case, Miller v. Tunica County, 07 Mississippi, 051, where the grantor, in a preamble reciting that he had given a parcel of land to the county as a site for a court- house, but the' operative part of the deed not specifying the purpose, and con- veying it for the use of the county, it was held that the preamble merely expressed the grantor's motives, and did not create a condition that the land should be used for a court-house ; and a Xew York case, Huntington v.


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