The Northeastern Reporter, Τόμος 78Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Σελίδα 42
The defendants gave no heed to the noHeld , that complainant , an adjoining proprietor tices , but continued to sell liquor to plaintiff's had acquired no prescriptive easement to have the flood waters of the stream flow over deSon .
The defendants gave no heed to the noHeld , that complainant , an adjoining proprietor tices , but continued to sell liquor to plaintiff's had acquired no prescriptive easement to have the flood waters of the stream flow over deSon .
Σελίδα 44
to ripen into such right , during which time 145 , it is said that , in order to make the use the appellant's lands have been relieved from of the easement in another's land for 20 the burden of such overflow .
to ripen into such right , during which time 145 , it is said that , in order to make the use the appellant's lands have been relieved from of the easement in another's land for 20 the burden of such overflow .
Σελίδα 45
... of this use of the lot , in flowing water upon it , made to the depot agent , sufficiently disproves acquiescence in such user , and thereby an essential element of a right to an easement by adverse use was shown not to exist .
... of this use of the lot , in flowing water upon it , made to the depot agent , sufficiently disproves acquiescence in such user , and thereby an essential element of a right to an easement by adverse use was shown not to exist .
Σελίδα 76
EASEMENT ACQUISITION PRESCRIPTION -EVIDENCE . Where there has been open and continuous use of an easement for the period of limitation concerning ejectment , the owner of the seryient tenement may not show that there was no grant ...
EASEMENT ACQUISITION PRESCRIPTION -EVIDENCE . Where there has been open and continuous use of an easement for the period of limitation concerning ejectment , the owner of the seryient tenement may not show that there was no grant ...
Σελίδα 77
Q. Can you explain why you didn't build the fence north of this line , taking in your easement , instead of south of it ? A. We didn't claim it . We used it . We didn't claim it as our own . Q. You didn't claim to own that strip ?
Q. Can you explain why you didn't build the fence north of this line , taking in your easement , instead of south of it ? A. We didn't claim it . We used it . We didn't claim it as our own . Q. You didn't claim to own that strip ?
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action affirmed agreed alleged amount answer appellant appellee applied assessment authority Bank bill bonds cause Cent charge circuit claim complaint condition Constitution construction contract corporation court damages death deed defendant determine directed duty easements effect election entered entitled error evidence exceptions execution existing facts filed finding follows further give given grant ground held improvement injury instruction intended interest issue Judge judgment jury land lien limitations Mass matter ment mortgage motion negligence Ohio operation opinion owner paid parties passed payment person petition plaintiff present proceedings purchase question railroad reason received record reference refused reversed rule statute street sufficient sustained taken thereof tion trial trust witness
Πληροφορίες βιβλιογραφίας
| Τίτλος | The Northeastern Reporter, Τόμος 78 National reporter system: State series |
| Συνεισφέρων | West Publishing Company |
| Εκδότης | West Publishing Company, 1907 |
| Πρωτότυπο από | Πανεπιστήμιο της Μινεσότα |
| Ψηφιοποιήθηκε στις | 7 Ιουλ. 2014 |
| Εξαγωγή αναφοράς | BiBTeX EndNote RefMan |