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" The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong... "
California Legal Record - Страница 361
1878
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Reports of Cases Decided in the Court of Chancery of the State of ..., Том 76

New Jersey. Court of Chancery - 1911 - 704 страници
...a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of sale to belong to it, as between it and the property which the vendor retains. 2. The principle illustrated with respect to the case of overhanging eaves and porch as a gttflst-easement...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Том 60

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 - 1888 - 776 страници
...purchaser takes the tenement or portion sold, with all the benefits which appear at the time of the sale to belong to it, as between it and the property which the vendor retains: Outerbridge v. Pkelps, 58 How. Pr. 93 ; Kieffer v. Imhoff, 26 Penn. St. 438 ; McCarty v. Kitchenrnan,...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Том 233

Illinois. Supreme Court - 1908 - 726 страници
...takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created. No easement exists...

Reports of Cases Argued and Determined in the Court of Chancery And ..., Том 2

Mercer Beasley - 1863 - 610 страници
...takes the tenement, or portion sold, with all the benefits and burthens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains. Seymour v. Letcis, 43H EVIDENCE. 1. The law requires wills, both of real and personal estate, to be...

A Treatise on the American Law of Real Property, Том 2

Emory Washburn - 1864 - 912 страници
...takes the tenement or portion sold, with all the benefits and burdens which appear, at the time of the sale, to belong to it, as between it and the property which the vendor retains."3 In another, the owner of a mill also owned a spring of water on another lot, and constructed...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Том 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 страници
...takes the tenement, or portion sold, with all the benefits and burdens which appear, at the time of the sale, to belong to it, as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created. No easement exists...

The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Том 25

1882 - 624 страници
...takes the tenement or portion sold with all tbe benefits and burdens which appear at the time of the sale to belong to it as between it and the property which the vendor retains. This is one of the recognized modes by which an easement or servitude is created." In Butterworth v....

Reports of Cases Argued and Determined in the Supreme Court of the ..., Том 2

Abraham Lansing - 1871 - 586 страници
...purchaser Simmons a. Cloonan. takes the tenement or portion sold with all the benefits and burdens which appear at the time of sale to belong to it as between it and the property which the vendor retains." At the time when the deed of the premises in question was executed the reservoir was in existence,...

A Treatise on the American Law of Easements and Servitudes

Emory Washburn - 1873 - 830 страници
...Boston, 106 Mass. 549 ; Oliver v. Putnam, 98 Mass. 46. 8 Carlin ». Paul, 11 Mo. 32. burdens which appear, at the time of sale, to belong to it, as between it and the property which the vendor retains. Nor is this a rule in favor of purchasers alone ; and if, instead of a benefit conferred, a burden...

Reports of Cases in the Supreme Court of Appeals of Virginia, Том 64

Virginia. Supreme Court of Appeals - 1874 - 1042 страници
...and sells one of them, the purchaser of the tenement takes it with all the benefits and burdens which appear at the time of sale to belong to it, as between it and the property which the vendor retains. The parties are presumed to contract in reference to the condition of the property at the time of sale....




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