RESERVATION

A clause in a deed or other instrument of conveyance by which the grantor creates, and reserves to himself, some right, interest, or profit in the estate granted, which had no previous existence as such, but is first called into being by the instrument reserving it; such as rent, or an easement Stephens v. Reynolds, 6 N. Y. 458; In re Narragansett Indians, 20 R. I. 715, 40 Atl. 347; Miller v. Lapham, 44 Vt 435; Engel v. Ayer, 85 Me. 448, 27 Atl. 352; Smith v. Cornell University, 21 Misc. Rep. 220, 45 N. Y. Supp. 640; Wilson v. Higbee (C. O.) 62 Fed. 726; Hurd v. Curtis, 7 Mete. (Mass.) 110. A “reservation” should be carefully distinguished from an “exception,” the difference between the two being this: By an exception, the grantor withdraws from the effect of the grant some part of the thing itself which is in esse, and included under the terms of the grant, as one acre from a certain field, a shop or mill standing within the limits of the granted premises, and the like; whereas, a reservation, though made to the grantor, lessor, or the one creating the estate, is something arising out of the thing granted not then in esse, or some new thing created or reserved, issuing or coming out of the thing granted, and. not a part of the thing itself, nor of anything issuing out of another thing. 3 Washb. Real Prop. 645. In public land laws of the United States, a reservation is a tract of land, more or less considerable in extent, which is by public authority withdrawn from sale or settlement, and appropriated to specific public uses; such as parks, military posts, Indian lands, etc. Jackson v. Wilcox, 2 111. 344; Meehan v. Jones (O. C.) 70 Fed. 455; Cahn v. Barnes (C. C.) 5 Fed. 331. In practice, the reservation of a point of law is the act of the trial court in setting it aside for future consideration, allowing the trial to proceed meanwhile as if the question had been settled one way, but subject to alteration of the judgment in case the court in banc should decide it differently.