 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 - Page 3611878Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1911 - 704 pages
...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. 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
...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,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1908 - 726 pages
...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... | |
 | Mercer Beasley - Equity - 1863 - 610 pages
...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... | |
 | Emory Washburn - Real property - 1864 - 912 pages
...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
...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... | |
 | Law - 1882 - 624 pages
...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.... | |
 | Abraham Lansing - Law reports, digests, etc - 1871 - 586 pages
...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,... | |
 | Emory Washburn - Servitudes - 1873 - 830 pages
...Boston, 106 Mass. 549 ; Oliver v. Putnam, 98 Mass. 46. 8 Carlin ยป. 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
...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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