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Updated: May 22, 2025
Estovers for repair went with the land, like other rights of common, /1/ which, as Lord Coke has told us, passed even to disseisors.
The chief variation from this view is that of Windscheid, a writer now in vogue. He prefers the other branch of the declaration in the Bill of Rights. But to this it was well answered by Bruns, in his later work, that it assumes the title of disseisors to be generally worse than that of disseisees, which cannot be taken for granted, and which probably is not true in fact. /5/
Logically, these premises led one step farther, and not only assigns not named, but disseisors, should have been allowed to maintain their action on the contract, as they had the right arising out of it.
As the right of property so created can be asserted against every possessor of the land, it would not be extravagant or absurd to allow it to be asserted by the action of covenant. The action of covenant would be allowed to assigns not named, and it would not be absurd to give it to disseisors. This is the case of singing and the like by a convent.
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