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" It [a fee simple] is an estate of perpetuity, and confers an unlimited power of alienation, and no person is capable of having a greater estate or interest in land. Every restraint upon alienation is inconsistent with the nature of a fee simple; and if... "
The Southern Reporter - Page 8
1901
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Commentaries on American Law, Volume 4

James Kent - 1830 - 556 pages
...that they must be of the blood of the first purchaser, and of the blood of the person last seised.* It is an estate of perpetuity, and confers an unlimited...simple, and if a partial restraint be annexed to a fee, as a condition not to alien for a limited time, or not to a particular person, it ceases to be a fee...
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Commentaries on American Law, Volume 4

James Kent - 1848 - 798 pages
...that they must be of the blood of the first purchaser, and of the blood of the person last seised.d It is an estate of perpetuity, and confers an unlimited...upon alienation is inconsistent with the nature of a fee-simple, and if a partial restraint be annexed to a fee, as a condition not to • Com. vol. ii....
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Commentaries on American Law, Volume 4

James Kent - 1854 - 728 pages
...two kinds, fees simple absolute, and fees simple, conditional or qualified. s Vol. i. 419. limited power of alienation, and no person is capable of having...upon alienation is inconsistent with the nature of a fee-simple, and if a partial restraint be annexed to a fee, as a condition not to alien for a limited...
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Commentaries on American Law, Volume 4

James Kent - 1858 - 778 pages
...make bnt two kinds, fees simple absolnte, and fees simple, conditional or qualif,ed. (d) Vol. i. 419. It is an estate of perpetuity, and confers an unlimited...upon alienation is inconsistent with the nature of a fee-simple, and if a partial restraint be annexed to a fee, as a condition not to alien for a limited...
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A Treatise on the Law of Real Property

Anson Bingham - 1868 - 720 pages
...restraint upon the enjoyment and alienation of the estate. Chancellor Kent says of a fee simple : " It is an estate of perpetuity, and confers an unlimited...simple, and if a partial restraint be annexed to a fee, as a condition not to alien for a limited time, or not to a particular person, it ceases to be a fee...
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The Most Material Parts of Kent's Commentaries Reduced to Questions and ...

John C. Devereux - 1868 - 444 pages
...that they must be of the blood of the first purchaser, and of the blood of the person last seized. It is an estate of perpetuity, and confers an unlimited...alienation, and no person is capable of having a greater interest in land. 8. Is, or is not the word, heirs, at common law, necessary to be used, if the estate...
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Commentaries on American Law, Volume 4

James Kent - 1873 - 680 pages
...that they must be of the blood of the first purchaser, and of the blood of the person last seised, (a) It is an estate of perpetuity, and confers an unlimited...; and if a partial restraint be annexed to a fee, as a condition not to alien for a limited time, or not to a particular person, it ceases to be a fee...
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The Law of the Farm: A Treatise on the Leading Titles of the Law Involved in ...

Abram Warren Thompson - 1876 - 556 pages
...domain ; the term sometimes used of " fee-simple absolute " is but surplusage as to the last word, and no person is capable of having a greater estate or interest in land than the fee-simple. Every restraint upon alienation is inconsistent with the nature of a fee-simple...
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Atlantic Reporter, Volume 84

1913 - 1140 pages
...utere tuo ut alienum non Isedas." Hoi. Jur. (10th Ed.) 199, 200. Chancellor Kent says a fee simple "Is an estate of perpetuity, and confers an unlimited...capable of having a greater estate or Interest in land." 4 Kent's Com. (llth Ed.) 4. It Is said in Bacon's Abr. tit. "Leases and Terms for Years" that It is...
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Commentaries on the Laws of England ...

William Blackstone - 1890 - 850 pages
...pleasure, or to the disposition of the law, page 104. Fee-simple is an estate of perpetuity, and confers unlimited power of alienation, and no person is capable of having a greater estate or interest in the land. Every restraint upon alienation is inconsistent with the nature of a fee-simple; and if a...
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