The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

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Title: The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author: Leonard, William.
Publication: London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,; 1686.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.; Law -- England -- Cases.
Cite this Item: "The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed May 3, 2024.

Pages

CV. Mich. 20 Eliz. In the Common Pleas.

IN Debt upon an Obligation to perform certain Covenants, in a pair of Indentures; The Plaintiff assigned the breach in one of the Covenants; scil. That the Defendant should do all re∣parations of such a House demised to him; And that he had not re∣paired, but suffered the same to decay. To which the Defendant said, That the Plaintiff had acquitted and discharged him of the Reparations. Vpon which the Plaintiff demurred in Law. Manwood, The same is an Acquittal and Discharge of the Re∣parations as well for the time past, as for the time to come, by force of the said Covenant, and amounts to as much as if he had Released the Covenant. And it was moved, If the Covenant being broken for want of Reparations, If now that Acquital and Discharge, or Release of the Covenant, should take away the Action upon the Obligation which was once forfeited before? And it was the Opinion of Manwood, That it should not; For if one be bound in an Obligation for the performance of Covenants, and before the breach of any of them, the Obligee releaseth the Cove∣nants, and afterwards one of the Covenants is broken, the Ob∣ligation is not forfeited, for there is not now any Covenant which may be broken, and therefore the Obligation is discharged: But if the Release had been after the Covenant broken, otherwise: all which, Dyer and Mounson Concesserunt.