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" Every right to or Interest in the land which may subsist In third persons to the diminution of the land, but consistent with the passing of the fee by the conveyance. "
The Southern Reporter - Side 458
1911
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The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and ...

Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 682 sider
...eviction or any actual disturbance of the possession. Every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance, will be deemed in law an incumbrance. Thus a paramount title in a third person,...
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The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and ...

Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 672 sider
...eviction or any actual disturbance of the possession. Every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with die passing of the fee of it by the conveyance, will be deemed in law an incumbrance. Thus a paramount...
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A Practical Treatise of the Law of Vendors and Purchasers of Estates, Volum 1

Edward Burtenshaw Sugden - 1836 - 736 sider
...See also Savage v. Whitbread, 3 Cha. Rep. 14. (250) Every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance, must be deemed in law an incumbrance. We say consistent with the passing of...
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Reports of Cases at Law, Argued and Determined in the Court of ..., Volum 2

South Carolina. Court of Appeals, Robert H. Speers - 1844 - 894 sider
...principles. On these principles, we are of opinion that every right to, or interest in, the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance, must be deemed an incumbrance. Thus, a right to an easement of any kind is...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 100

Alabama. Supreme Court - 1895 - 830 sider
...case of Prescott v. Trueman 4 Mass 627 is that it is "every right to, or interest in the land grauted, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance," has frequently been cited and approved. An easment conferring upon its owner an interest in the land,...
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Reports of Cases Argued and Determined in the Court of Appeals and ..., Volum 2

South Carolina. Court of Appeals, James Albert Strobhart - 1848 - 616 sider
...629, Chief Justice Parker defines an incumbrance to be "any interest or right in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it, by the conveyances, as mortgages, &c." He adds, '; such is also the claim of dower." Jn Coventry's...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 159

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 - 1910 - 804 sider
...of covenants in deeds, has been broadly defined as "every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance" (Prescott v. Trueman, 4 Mass. 627, 629 [3 Am. Dec. 246]), used with approval...
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Practical Conveyancing: A Selection of Forms of General Utili Ty, with Notes ...

Benjamin Lynde Oliver - 1853 - 654 sider
...R. 1. That they are free from all incumbrances.] " Every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance of it, must be deemed in law an incumbrance." Parsons, CJ in Prescott \. Trueman,...
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The Practice in Courts of Justice in England and the United States, Volum 2

Conway Robinson - 1855 - 884 sider
...covenant. The court holds, on general principles, that every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance, is an incumbrance. In its opinion a right to an easement of any kind in the...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volum 17

Massachusetts. Supreme Judicial Court - 1864 - 580 sider
...states what may be an encumbrance, and says that " a right to, or an interest in, the land granted, to the diminution of the value of the land, but consistent with the passing of the fee of it by the conveyance, must be deemed in law an encumbrance." Will it be contended in this case,...
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