The Ontario Reports Volume 29

The Ontario Reports Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...notice. It was urged by defendant that the effect of the clause following the covenant for quiet enjoyment was to make the ending of the term conditional on three months' notice being given by either party to the lease. In Sheppard's Touchstone, p. 88, the rule for constru;-M tion where there is repugnancy in a deed is thus State ' "That if there be two clauses or parts of the deed repug-Judgment nant the one to the other, the first part shall be received M and the latter rejected, except there be some special reason to the contrary; and therefore herein a deed doth diH'er from a will, for if there be two repugnant clauses in a. will, the first shall be rejected, and the latter received." The rule from Sheppard's Touchstone is set out in Elphinstone's Interpretation of Deeds, p. 91, as Rule 20. And in B0uvier's Law Dictionary: "Repugnancy: A disagreement or inconsistency between two or more clauses of the same instrument. In deeds, and other instruments 1'/nter m'vos, the earlier clause prevails, if the inconsistency be not so great as to avoid the instrument for uncertainty." Shadwell, V.-C., in Cope v. Cope (1846), 15 Sim. 118, at p. 126, said: "The rule of law as to construing a deed is, that if you find the first words have a clear meaning, but those that follow are inconsistent with them, to reject the latter." The latter clause inserted in the lease being inconsistent with the habendum must be rejected, and the plaintiffs are entitled to judgment for possession of the lands and premises set out in the third clause of the statement of claim, and for $15 arrears of rent, together with full costs of suit. G. F. H. Statement. Section 32 of the R. S. 0. ch. 128, more

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  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236749510
  • 9781236749512