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" 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... "
California Legal Record - Side 361
1878
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 76

New Jersey. Court of Chancery - 1911 - 704 sider
...a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of sale to belong to it, as between it and the property which the vendor retains. 2. The principle illustrated with respect to the case of overhanging eaves and porch as a gttflst-easement...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 60

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1888 - 776 sider
...purchaser takes the tenement or portion sold, with all the benefits which appear at the time of the sale to belong to it, as between it and the property which the vendor retains: Outerbridge v. Pkelps, 58 How. Pr. 93 ; Kieffer v. Imhoff, 26 Penn. St. 438 ; McCarty v. Kitchenrnan,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 233

Illinois. Supreme Court - 1908 - 726 sider
...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. This is one of the recognized modes by which an easement or servitude is created. No easement exists...
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Reports of Cases Argued and Determined in the Court of Chancery And ..., Volum 2

Mercer Beasley - 1863 - 610 sider
...takes the tenement, or portion sold, with all the benefits and burthens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains. Seymour v. Letcis, 43H EVIDENCE. 1. The law requires wills, both of real and personal estate, to be...
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A Treatise on the American Law of Real Property, Volum 2

Emory Washburn - 1864 - 912 sider
...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."3 In another, the owner of a mill also owned a spring of water on another lot, and constructed...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 sider
...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. This is one of the recognized modes by which an easement or servitude is created. No easement exists...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volum 25

1882 - 624 sider
...takes the tenement or portion sold with all tbe 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. This is one of the recognized modes by which an easement or servitude is created." In Butterworth v....
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 2

Abraham Lansing - 1871 - 586 sider
...purchaser Simmons a. Cloonan. takes the tenement or portion sold with all the benefits and burdens which appear at the time of sale to belong to it as between it and the property which the vendor retains." At the time when the deed of the premises in question was executed the reservoir was in existence,...
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A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 1873 - 830 sider
...Boston, 106 Mass. 549 ; Oliver v. Putnam, 98 Mass. 46. 8 Carlin ». Paul, 11 Mo. 32. burdens which appear, at the time of sale, to belong to it, as between it and the property which the vendor retains. Nor is this a rule in favor of purchasers alone ; and if, instead of a benefit conferred, a burden...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volum 64

Virginia. Supreme Court of Appeals - 1874 - 1042 sider
...and sells one of them, the purchaser of the tenement takes it with all the benefits and burdens which appear at the time of sale to belong to it, as between it and the property which the vendor retains. The parties are presumed to contract in reference to the condition of the property at the time of sale....
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