De Arment v. Kennedy

Citations

• 14 Pa. Super. 539
• 1900 Pa. Super. LEXIS 78

Syllabus

<p>Covenants for life — Incumbrance—Lien.</p> <p>An incumbrance is any right or interest in land which may subsist in third persons to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance. It is not necessarily a lien determinate in amount.</p> <p>The curative Act of May 16, 1891, P. L. 69, providing that certain improvements made under unconstitutional acts shall be valid, and that the city should be authorized to ascertain, levy, assess and collect damages for the same, creates an incumbrance within the meaning of a stipulation in an agreement to convey land “ free and discharged from all liens and incumbrances.”</p>