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Updated: May 24, 2025
Hearing that this one of Vrishni's race hath been seized, the Pandavas will lose their heart and become incapable of exertion, like snakes whose fangs have been broken. This mighty-armed one is, indeed, the refuge and protection of them all. If this grantor of wishes, this bull of all the Satwatas, be confined, the Pandavas with the Somakas will become depressed and incapable of any exertion.
The present owner was allowed to vouch directly those who otherwise would have been indirectly bound to defend his title, but no others. Hence he could only summon those from whom his grantor derived his title. But this was equally well expressed in terms of the fiction employed. In order to vouch, the present owner must have the estate of the person to whom the warranty was made.
Upon resuming the case, the plaintiff produced his depositions, and proved that the defendant's grantor, John Williams, Junior, was the reputed natural son of Williams, of the Land Company, &c.; also called witnesses to show that Cole came into the county in 1818. An attempt was then made to impeach Bullock, which failed.
Right then and there all interest upon the part of the grantor ceased until the tender was made at this post on the appointed day of delivery. In the interim, however, it seems that for reasons purely their own, the grantees saw fit to sub-let their contract, not once but twice. Our department amply protected themselves by requiring bonds, and the sub-contractors should have done the same.
A gift, or conveyance founded merely upon a consideration of affection, or blood, or consanguinity, may be set aside by creditors, if the grantor was in embarrassed circumstances when he made it; for a man is bound, both legally and morally, to pay his debts before giving away his property.
But perhaps the most surprising consequence of this relation of Testaments to Conveyances was the immediate vesting of the inheritance in the Heir. This has seemed so incredible to not a few civilians, that they have spoken of the Testator's estate as vesting conditionally on the Testator's death or as granted to him from a time uncertain, i.e. the death of the grantor.
They were held at the pleasure of the grantor, or at most for the life of the grantee; but still, from the very outset, no effort seems to have been spared by the beneficiaries to enlarge the tenure, and to continue their lands in their family after death.
What would become of us, if every deputy, peer, or public functionary should be called upon to show his title to his fortune! "The patricians arrogated the exclusive enjoyment of the ager publicus; and, like the feudal seigniors, granted some portions of their lands to their dependants, a wholly precarious concession, revocable at the will of the grantor.
In case of failure to pay the debt as agreed on, the trustee may, if so warranted, sell the property, and pay the obligation from the proceeds. The grantor in a trust deed, if not stipulated to the contrary, is entitled to all the rents and profits of the property; for it remains virtually his, until he has failed to fill his contract.
It was a reproach to legislative perspicacity that the grantee of a patent should be obliged to accept the view of the state, the grantor, as to the value of the invention to the nation, and also that any other method of proceeding to upset a patent, once granted, should be allowed than a suit for revocation to the crown, on the ground of error, such revocation if obtained not to prejudice the granting anew, with the old date, of a valid patent for the parts of the invention which are not proved to be anticipated at the trial.
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