 | New Jersey. Court of Chancery - Law reports, digests, etc - 1911 - 704 pages
...purchaser takes the tenement or portion sold with all the benefits and hurdens which appear at the time of sale to belong to it, as between it and the property which the vendor retains." On p. 564 the reasons for the rule are stated as follows: "The law preserving the rights of the parties... | |
 | 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 - Law reports, digests, etc - 1888 - 776 pages
...owner of the servient tenement, the following propositions seem to be established by the decisions : Where the owner of two or more tenements sells one...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,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1911 - 710 pages
...afterwards sold a part of the property, the purchaser takes the part sold with all the benefits and burdens which appear at the time of the sale to belong to it. It is not necessary that the easement claimed by the grantee be absolutely necessary for the enjoyment... | |
 | Mercer Beasley - Equity - 1863 - 610 pages
...one of them, the purchaser takes the tenement, or portion sold, with all the benefits and burthens which appear at the time of the sale to belong to...between it and the property which the vendor retains. Seymour v. Lewis, 439 •1. Where one purchases land, and assumes in his deed to pay off a bond and... | |
 | Emory Washburn - Real property - 1864 - 912 pages
...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 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... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1867 - 644 pages
...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 to...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... | |
 | Abraham Lansing - Law reports, digests, etc - 1871 - 586 pages
...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,... | |
 | Emory Washburn - Servitudes - 1873 - 830 pages
...; 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... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1874 - 1042 pages
...purchaser of the tenement sold 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 the... | |
 | Horace Gay Wood - Liability (Law) - 1875 - 976 pages
...purchaser takes the tenement, or portion sold, with all the benefit* and burdens that appear at the time of sale to belong to it, as between it and the property which the vendor retains. * * * No easement exists so long as the unity of possession remains, because the owner of the whole... | |
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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... 
