 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 682 pages
...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... | |
 | Great Britain. Court of King's Bench, Sir Henry Hobart - 1829 - 672 pages
...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 pages
...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... | |
 | South Carolina. Court of Appeals, Robert H. Speers - 1844 - 894 pages
...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... | |
 | Alabama. Supreme Court - 1895 - 830 pages
...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... | |
 | South Carolina. Court of Appeals, James Albert Strobhart - 1848 - 616 pages
...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... | |
 | 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 pages
...contradicted. For* v. Fora, 156. 2. An 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. Simons v. Diamond Match Co., 241. 8. A term for years under a lease... | |
 | Benjamin Lynde Oliver - 1853 - 654 pages
...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... | |
 | Conway Robinson - 1855 - 884 pages
...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... | |
 | Emory Washburn - 1864 - 912 pages
...altogether that against incumbrances.1 14. An incumbrance, within the terms of the covenant against them, is said to be " every right to, or interest in, the...but consistent with the passage of the fee by the conveyance.2 So is a paramount title, and the existence of such an outstanding title is a breach of... | |
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... every right to, or interest in, the land which may subsist in third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance... 
