The deed of conveyance contained a covenant by Elms, for himself, his heirs, and assigns, with the plaintiff, his heirs, executors, and administrators "Leicester Square Garden or Pleasure Ground, with the equestrian statue then standing in the centre thereof and the iron railing and stone work round the same," In 1808 the plaintiff, being then the owner in fee of a vacant piece of ground in Leicester Square, London, as well as of several of the houses forming the square, sold the piece of ground by the description of: Per LORD COTTENHAM, LC: If an equity is attached to property by the owner, no one purchasing with notice of that equity can stand in a different situation from that of the party from whom he purchased.Īppeal by the defendant from an order of LORD LANGDALE MR, in an action for an injunction.
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