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" The declaration alleged that the defendant undertook to cultivate and manage the farm and lands according to the course of good husbandry and the custom of the country... "
The Law Magazine, Or, Quarterly Review of Jurisprudence - Page 177
1835
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The Law and Practice Relating to Landlords and Tenants: Comprising the Most ...

Richard Shipman - Landlord and tenant - 1841 - 772 pages
...variances were fatal.(y) cultivation. In an action against a tenant upon promises to cultivate a farm according to the course of good husbandry, and the custom of the country, if the declaration sets out tlie custom, and the dc(r) Bimpton r. Eve, 2 Vn. & B. 349. ,. (s•) 11...
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An Analytical Digest of All the Reported Cases Determined in the ..., Volume 4

Samuel Bealey Harrison - Law reports, digests, etc - 1842 - 694 pages
...of itself change the property. Id. In an action against a tenant upon promisee to cultivate a farm according to the course of good husbandry, and the custom of the country, if the declaration sets out the custom, and the defendant traverses it, the plaintiff must prove it...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volume 1

John Simcoe Saunders - Civil procedure - 1844 - 594 pages
...farm, the declaration alleged that the defendant undertook to cultivate and manage the farm and lands according to the course of good husbandry and the custom of the country where the farm was situate ; and then averred that, according to the course of good husbandry and the...
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Chitty's Treatise on Pleading and Parties to Actions ..., Book 383, Volume 2

Joseph Chitty - Forms (Law) - 1844 - 808 pages
...husbandry and the custom of the country where the same farm, &c. were so situate as aforesaid ; contrary to the course of good husbandry and the custom of the country aforesaid and to the said promise of the defendant. (/) See note («), ante, 226. RELATING Same as...
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The Practice in Civil Actions and Proceedings at Law, in Ohio, and ..., Volume 1

Joseph Rockwell Swan - Civil procedure - 1845 - 680 pages
...Handson, (z) and see Form, ante, p. 203, the form was as follows: "And the plaintiff further saith, that, according to the course of good husbandry, and the custom of the country where the said farm and lands were, and are, so situate, as aforesaid, the defendant, before and at...
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A Treatise on Presumptions of Law and Fact: With the Theory and Rules of ...

William Mawdesley Best - Evidence, Circumstantial - 1845 - 232 pages
...occupation of land carries with it an implied agreement on the part of the tenant to manage the land according to the course of good husbandry and the custom of the country.(a) So, (o) See Borrada ilr v. Hunter, 5 Scott, NR 418. It ¡e submitted, that the presumption...
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The Law of Landlord and Tenant: With All the Requisite Forms, Including the ...

John Frederick Archbold - Landlord and tenant - 1846 - 504 pages
...same, without manuring or dressing the same with manure, as he the said defendant ought to have done, according to the course of good husbandry and the custom of the country where the same farm, lands and premises were so situate is aforesaid ; contrary to the course of good...
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A Treatise on the Law and Practice of Agricultural Tenancies: With Forms and ...

George Wingrove Cooke - Farm tenancy - 1850 - 590 pages
...Chancery to restrain him from so doing (a). In an action against a tenant for not cultivating a farm according to the course of good husbandry and the custom of the country, if the plaintiff in his declaration sets out the custom, and the defendant by his plea denies the custom,...
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A Treatise on Pleading and Parties to Actions: With Second and ..., Volume 2

Joseph Chitty - Forms (Law) - 1851 - 786 pages
...the without same wlth sand and other manure, as he the said defendant ought to have manuring done, according to the course of good husbandry, and the custom of the the same, country where the same farm, &tc. were so situate as aforesaid ; contrary to the course of...
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A Treatise on the Principles of Evidence and Practice as to Proofs in Courts ...

William Mawdesley Best - Cross-examination - 1854 - 930 pages
...occupation of land carries with it an implied agreement on the part of the tenant to manage the land according to the course of good husbandry and the custom of the country (ar). So, where the mere existence of a tenancy is proved, the law presumes it a tenancy from year...
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