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" It would require an express exception in the grant, or some clear and unequivocal declaration, or certain and immemorial usage, to limit the title of the owner, in such cases, to the edge of the river. "
Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Σελίδα 279
των Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, Alexander Keith Marshall, George Minos Bibb, William Littell - 1869
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Commentaries on American Law, Τόμος 3

James Kent - 1828 - 432 σελίδες
...render it less useful to the owners of the soil. It would require an express exception in the grant, or some clear and unequivocal declaration, or certain...boundary or monument, it is used as an entirety to the centre of it: and to that extent the fee passes. Primafacic, said the vice chancellor of England,"...

Commentaries on American Law, Τόμος 3

James Kent - 1832 - 536 σελίδες
...the purpose of erecting wharves and stores. would require an express exception in the grant, or somc clear and unequivocal declaration, or certain and...immemorial usage, to limit the title of the owner, in auch cases, to the edge of the river. Where a stream is used in a grant as a boundary or monument,...

A Practical Abridgment of American Common Law Cases Argued and ..., Τόμος 8

Jacob D. Wheeler - 1836 - 624 σελίδες
...require an express exception in the grant, or some clear and unequivocal declaration, or certain or immemorial usage, to limit the title of the owner,...boundary or monument, it is used as an entirety to the centre of it, and to that extent the fee passes. And Chancellor Kent refers -to numerous cases, to...

Reports of Cases at Law Argued and Determined in the Court of ..., Τόμος 4

South Carolina. Court of Appeals, J. S. G. Richardson - 1851 - 704 σελίδες
...rafts, have an easement therein, or a right of passage as a public high'way." (3 Kent's Com. 427.) "Where a stream is used in a grant as a boundary or monument, it is used as an entirety to the centre of it, and to that extent the fee passes. Prima facie, said the Vice Chancellor of England,...

Questions and Answers on Law: Alphabetically Arranged. With ..., Τόμος 2

Asa Kinne - 1852 - 736 σελίδες
...render it less useful to the owners of the soil. It would require an express exception in the grant, or some clear and unequivocal declaration, or certain...the owner, in such cases, to the edge of the river. — Hale, De Jure Maris, ch. 4, 5. Rex v. Smith. Doug., 425. East haven v. Hemingway, 7 Com. Rep.,...

A Compendium of the Law and Practice of Injunctions: And of ..., Τόμος 2

Robert Henley Eden Baron Henley - 1852 - 770 σελίδες
...render it less useful to the owners of the soiL It would require an express exception in the grant, or some clear and unequivocal declaration, or certain and immemorial usage, to limit the title cf the owner, in such eases, to the edge of the river. Where a stream is used in a, grant as a boundary...

Commentaries on American Law, Τόμος 3

James Kent - 1854 - 684 σελίδες
...less useful to the owners of the soil.* It *428 *would require an express exception in the grant, or some clear and unequivocal declaration, or certain...the owner, in such cases, to the edge of the river. (1) Where a stream is used in a grant as a boundary or monument, it is used as an entirety to the centre...

Commentaries on American Law, Τόμος 3

James Kent - 1858 - 728 σελίδες
...useful to the owners of the soil, (a) It* would require an express exception in the *428 grant, or some clear and unequivocal declaration, or certain...a boundary or monument, it is used as an entirety Mississippi River, above the ebb and flow of the tide, was not navigable in the sense of the common...

Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 84

Massachusetts. Supreme Judicial Court - 1866 - 688 σελίδες
...appropriate it during its passage by his land to his own use, is deduced, are familiar and indisputable. When a stream is used in a grant as a boundary or monument, it is used as an entirety to the centre of it, and to that extent the fee passes; so that, unless limited by some restriction, the proprietor...

Commentaries on American Law, Τόμος 3

James Kent - 1866 - 726 σελίδες
...useful * 428 to the owners of the soil, (e) It * would require aii express exception in the grant, or some clear and unequivocal declaration, or certain and immemorial usage, to limit the title doctrine and law wore declared ; the common law, and not the civil law, governed the case, and the...




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