 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 - Էջ 4581911Ամբողջությամբ դիտվող - Այս գրքի մասին
 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 682 էջ
...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,... | |
 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 672 էջ
...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... | |
 | Edward Burtenshaw Sugden - 1836 - 736 էջ
...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... | |
 | South Carolina. Court of Appeals, Robert H. Speers - 1844 - 894 էջ
...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... | |
 | Alabama. Supreme Court - 1895 - 830 էջ
...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,... | |
 | South Carolina. Court of Appeals, James Albert Strobhart - 1848 - 616 էջ
...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... | |
 | 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 էջ
...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... | |
 | Benjamin Lynde Oliver - 1853 - 654 էջ
...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,... | |
 | Conway Robinson - 1855 - 884 էջ
...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... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 580 էջ
...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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