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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

To go across; to pass over; to pass from one thing, person, or place to another; to become changed from one thing into another. Transit in rem judicatam. It passes into a matter adjudged; it becomes a judgment. This expression is applied to a contract upon which a judgment is obtained, and which has thus passed in rem judicatam.

Transit terra cum onere

The land passes with the burden; the land is transferred with its incumbrances. The owner of land must bear all the burdens attaching to it, or to the ownership of it, whether he receive any advantage from the land or not. Thus, at common law, the burden of repairs has always been thrown on the tenant. As between grantor and grantee, covenants running with the land pass with it; so do customs, such as the custom of gavelkind, which is held to be a custom by reason