 | Massachusetts. Supreme Judicial Court - 1864 - 580 pages
...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... | |
 | Charles Harvey Scribner - 1867 - 860 pages
...conclusion was arrived at. It was there held, 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 in law an in1 Norwood v. Marrow, 4 Dev.... | |
 | Emory Washburn - 1868 - 670 pages
...covenants of seisin. Backus v. McCoy, 3 Ohio, 211. See also M'Crady v. Brisbane, 1 Nott & McC. 104. land, to the diminution of the value of the land,...consistent with the passage of the fee by the conveyance. 1 An inchoate right of dower is an incumbrance within the meaning of the covenant against these. 2... | |
 | Emory Washburn - 1876 - 748 pages
...administrator, successors, or assigns." 3 14. An incumbrance, within the terms of the covenant against them, is said to be " every right to, or interest in, the...consistent with the passage of the fee by the conveyance." « An 1 Prescott v. Trueman, 4 Mass. 627, 629 ; Thayer v. Clemence, 22 Pick. 490, 493; Clark v. Swifi,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1921 - 712 pages
...and interpreted to mean "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. " Rawle on Covenants of Title (5th Ed.) section 75; Post v. Campait,... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1878 - 632 pages
...CONVEYANCE. 1. Covenants : INC r\n:u A w K. An incumbrance within the meaning of the covenant against them, is said to be every right to, or interest in, the land, to the diminution in value of the estate, but consistent with the passage of the fee. Chapman v. Kimball 39!) Where a... | |
 | 1889 - 948 pages
...PARSOXS, CJ, in Prescott v. Trueman, 4 Mass. 630: " 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." The diminution of the value of the land being the crucial... | |
 | 1889 - 1878 pages
...PARSONS, CJ, in Prescott v. Trueman, 4 Mass. 630: " 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." The diminution of the value of the land being the crucial... | |
 | 1913 - 1050 pages
...general principles the court was of opinion that : "Every right to, or interest in the land granted, to the diminution of the value of the land, but consistent with (he passing of the fee of it by the conveyance, must be decreed an incumbrance. * * * Thus a right... | |
 | Charles Theodore Boone - 1883 - 566 pages
...action not assignable at law.1 In general terms, " every right to and interest in the land granted, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance, is to be deemed in law an encumbrance." 2 Thus, a right to an... | |
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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... 
