Select Cases And Other Authorities On the Law of Property volume 3
Select Cases And Other Authorities On the Law of Property volume 3
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Sarily i> be taken that wliat relates to the wood and \inderground produce is a reservation ; there are other le;, 'al reservations, besides raif, to satisfy the words ' rf)i/ and reservation ;' and when the testator, in the lease of 1756, mentions wood and underground produce, he says cj-crpt and a/icn;/s rcsci-vcd out of this prcicnt demise and grant, all, kc; and therefore if, in point of law, the matters are the subject of exception, tliey nnist be applied to the legal term u. Sed. And in T...he Earl of Cardigan v. Armitage, 2 B. & C. 197, where Sir Thomas Danby enfeotTed the Earl of Sussex of certain closes, exc-pt and always reserved out of the . Said f. -otTnient to the said Sir Thomas all the coals in all or any of the said lands, together with free liberty to sink and dig pits, &c. , Mr. . Justice Bayley, in delivenng the judgmeiit of the court upon the pleadings, says, this constituted an exception ; and he states the distinction between an exeepticm and a rcservntion, and then he goes on to point out the efTect of an exception upon the statement in the pleadings.
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