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#constitution #equity #law
It follows that there could be a completely constituted trust of the covenant if, most exceptionally, the covenant had been expressly followed by words like ‘to the intent that the benefit of this covenant shall be held upon the trusts hereof.’ Where there was such a clear intention to create a trust of the covenant, upon the covenanted property being acquired, the covenant would automatically be specifically enforceable and, indeed, the property covered by the covenant would be regarded as trust property, equity looking on as done that which ought to be done as in Pullan v Koe [1913] 1 Ch 9.
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