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Exception

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In conveyancing. A clause in a deed whereby the grantor, lessor, <&c,, excepts something out of that which he has before granted, (as ground out of a manor, a room out of a house, i&c.,) by which means it is severed from the things granted, and does not pass by the deed.* Co, Litt, 47 a.

Shep. Touch, 77.

The apt words of exception in Latin, were excepiis, salvo, prater, and the Uke. The distinction between an exception and a reservation is, that an exception is always of part of the thing granted, and of a thing in esse; a reservation is always of a thing not in esse^ but newly created or reserved out of the land or tenement demised.

Co. Litt. 47 a.

4 ICen Cs (7ow.»468. It has been also said that there is a diversity between an exception and a saving, for an exception exempts clearly, but a saving goes to the matters touched and does not exempt. Plowd, 361.