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" A reservation is a clause in a deed, whereby the grantor reserves some new thing to himself issuing out of the thing granted, and not in ease before; (d) but an exception is always of a part of the thing granted, or out of the general words and description... "
The Southwestern Reporter - Page 391
1912
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Reports of Civil and Criminal Cases Decided by the ..., Volume 39; Volume 146

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 970 pages
...have lost their right to the timber by their failure to cut and remove it within a reasonable time. A reservation is a clause in a deed whereby the grantor...exception is always a part of the thing granted, or out of ' general words or description of the grant (4 Ken 468; Brown, etc., v. Anderson, 88 Ky. 577). However,...
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Commentaries on American Law, Volume 4

James Kent - Law - 1848 - 798 pages
...be made by the vendor. The rule was so understood and declared in Crews v. Pendleton.0 A reserration is a clause in a deed, whereby the grantor reserves...issuing out of the thing granted, and not in esse before ;f but an exception is always of a part of the thing granted, or out of the general words and description...
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A New Law Dictionary and Glossary: Containing Full Definitions of ..., Part 2

Alexander Mansfield Burrill - Law - 1851 - 570 pages
...Lilt. 47 a. RESERVATION. [Lat. reservado, from reservare, to keep back or save out.] In conveyancing. A clause in a deed whereby the grantor reserves some new thing to himself, out of the thing granted, and not in esse before. 4 Kent's Com. 468. Co. Litt. 47 a. Distinguished...
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Commentaries on American Law, Volume 4

James Kent - Law - 1854 - 728 pages
...reservations to be made by the vendor. The rule was so understood and declared in Crews v. Pendleton.& A reservation is a clause in a deed, whereby the grantor...issuing out of the thing granted, and not in esse before ;b but an exeeption is always of a part of the thing granted, or out of the general words and description...
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Reports of the Cases Argued and Determined in the Supreme Court of ..., Volume 3

John Louis Taylor Sneed, Tennessee. Supreme Court - Law reports, digests, etc - 1857 - 812 pages
...clause in said deed valid as an exception ? An exception is always an exclusion from the grant, of a part of the thing granted, or out of the general words and description in the grant, the title to the thing excepted remaining in the grantor as it did before...
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Commentaries on American Law, Volume 4

James Kent - Law - 1858 - 778 pages
...vendor.1 The rule was so understood and deelared in Crews v. Pendleton. (a) A reservation is a elause in a deed, whereby the grantor reserves some new thing...himself issuing out of the thing granted, and not in csse before ; (6) but an exception is always of a part of the thing granted, or out of the general...
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Commentaries on American Law, Volume 4

James Kent - Law - 1866 - 786 pages
...reservations to be made by the vendor.2 The rule was so understood and declared in Crews v. Pendleton. (c) A reservation is a clause in a deed, whereby the grantor...issuing out of the thing granted, and not in esse before ; (d) but an exception is always of a part of the thing granted, (i) N. Ips. Factory v. Batchelder,...
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The Most Material Parts of Kent's Commentaries Reduced to Questions and ...

John C. Devereux - Law - 1868 - 444 pages
...intermixture of fraud in the case. 52. What is the difference between a reservation and an exception ?— 468. A reservation is a clause in a deed, whereby the grantor...and not in esse before ; but an exception is always part of the thing granted, or out of the general words and description in the grant. 53. How was the...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...the grantee." Hopkins on Real Property, 418. It is familiar learning that a reservation (reddendwn) is a clause in a deed, whereby the grantor reserves...issuing out of the thing granted and not in esse before, while an exception is always of a part of the thing granted or out of the general words and description...
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Albany Law Journal, Volume 27

Law - 1883 - 552 pages
...buildings, etc., standing on the granted lands," etc., is an exception and not a reservation ; for a reservation is a clause in a deed whereby the grantor reserves some new thing to himself out of that which he granted before, and differs from an exception, which is ever a part of the thing...
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