Reports of Cases Argued and Determined in the Court of Chancery And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey, Volum 2

Phillips and Boswell, 1863

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Side 576 - The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Side 448 - ... appendant thereto ; and he shall have liberty by law to dig in the land for amending the pipes, or making them new, as the case may require.
Side 378 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear...
Side 445 - The implication of the grant of an easement may arise in two ways : 1st, upon the severance of an heritage by its owner into two or more parts; and 2dly, by prescription. Upon the severance of an heritage a grant will be implied, 1st, of all those continuous and apparent easements which have in fact been used by the owner during the unity, and...
Side 239 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal...
Side 178 - A remainder is vested in interest where the person is in being and ascertained, who will, if he lives, have an absolute and immediate right to the possession of the land upon the ceasing or failure of all the precedent estates...
Side 584 - State by a number of cases that "parol evidence is admissible in equity to show that a deed, absolute on its face, was intended as a mortgage...
Side 51 - Jersey, northerly to the place upon the said river where the circular boundary of the State of Delaware touches upon the same, in the whole length and breadth thereof, is and shall continue to be and remain a common highway, equally free and open for the use, benefit, and advantage of the said contracting parties, etc.
Side 577 - Marsh, 355, where it was held that the fact that the real transaction between the parties was a borrowing and lending will, whenever or however it may appear, show that a deed absolute on its face...
Side 449 - This Is not a rule for the benefit of purchasers only, but Is entirely reciprocal. Hence if, instead of a benefit conferred, a burden has been imposed upon the portion sold, the purchaser, provided the marks of this burden are open and visible, takes the property with the servitude upon It.

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