 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 682 σελίδες
...broken by any subsisting incumbrance, without an eviction or any actual disturbance of the possession. Every right to, or interest in the land granted, to...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, or a public or town... | |
 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 672 σελίδες
...broken by any subsisting incumbrance, without an eviction or any actual disturbance of the possession. Every right to, or interest in the land granted, to...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... | |
 | Joseph Rockwell Swan - 1837 - 614 σελίδες
...paramount or better title, (4 Mass. 629) a widow's right to dower, a mortgage, (7 Johns. Rep. 173) every right to or interest in the land granted, to the diminution of the value of the land granted, but consistent with the passing of the fee of it by the conveyance, is an inrumfirunce. Id.... | |
 | South Carolina. Court of Appeals, Robert H. Speers - 1844 - 894 σελίδες
...and the question must be decided on general principles. On these principles, we are of opinion that every right to, or interest in, the land granted,...of the fee of it by the conveyance, must be deemed an incumbrance. Thus, a right to an easement of any kind is an incumbrance; so also, is a claim of... | |
 | Alabama. Supreme Court - 1895 - 830 σελίδες
...incumbrance is proved to have been broken, by any evidence showing that a third person had a right to, or an interest in the land granted, to the diminution of the value of the laud, though consistent with the passing of the fee by the deed of conveyance. Therefore, a public... | |
 | South Carolina. Court of Appeals, James Albert Strobhart - 1848 - 616 σελίδες
...Freeman, 11 Mass. Rep. 629, Chief Justice Parker defines an incumbrance to be "any interest or right in the land granted, to the diminution of the value...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 treatise... | |
 | Georgia. Supreme Court - 1848 - 702 σελίδες
...offreedom from Encumbrances ; and that it is broken by any evidence showing that a third person has a right to or interest in the land granted, to the diminution of the value of the land, though consistent with the passing of the fee by the deed of conveyance. 2 Green. Ev. 2 12. Prescott... | |
 | 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 σελίδες
...incumbrance, within the meaning of covenants in deeds, is defined as every right to or interest in the land, to the diminution of the value of the land, but consistent with the passing of the fee by conveyance. 2. SAME — LEASE AS INOUMBRANOE— LANDLORD AND TENANT. A term for years under a lease... | |
 | Benjamin Lynde Oliver - 1853 - 654 σελίδες
...Nichols v. Walter $ al 8 Mass. R. 243; 4 Johns. R. 1. That they are free from all incumbrances.] " Every right to, or interest in the land granted, to...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, 4 Mass. R. 629. And... | |
 | Simon Greenleaf - 1854 - 784 σελίδες
...incumbrances is proved to have been broken, by any evidence, showing that a third person has a right to, or an interest in the land granted, to the diminution of the value of the land, though consistent with the passing of the fee by the deed of conveyance.5 Therefore, a public highway... | |
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Prescott v. Trueman, 4 Mass. 629 (3 Am. Dec. 246), it is said: 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... 
