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" common, being a particular benefit to take part of the profits of the land; this is extinct by unity, because the greater benefit shall drown the less. A water-course doth not begin by prescription, nor yet by assent, but the same doth begin ex jure natures,... "
Reports of Cases Decided in the Court of Common Pleas of Upper Canada - Σελίδα 317
των Upper Canada. Court of Common Pleas, Ontario. Court of Common Pleas - 1854
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...tissent as a way or common, being a particular benefit to tukß |>urt of the profits of the land—this is extinct by unity, because the greater benefit shall drown the less. A watercourse doth begiu eijure nalurœ, having taken this course naturally, and cannot be averted." In the report of...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 12

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1845 - 930 σελίδες
...servitutes praediales, those wh^J c j begin by private right, by prescription, by assent, n^ a way or common, being a particular benefit to take part of...nor yet by assent, but the same doth begin ex jure naturse, having taken this course naturally, and cannot be averted." And Jones, J., says, "This watercourse...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 12

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1845 - 928 σελίδες
...them servitutes pnediales, those which begin by private right, by prescription, by assent, as a way or common, being a particular benefit to take part of...nor yet by assent, but the same doth begin ex jure nature, having taken this course naturally, and cannot be averted." And Jones, J.,says, "This watercourse...

The Law of Real Property, in Its Present State: Practically Arranged and ...

George Crabb - 1846 - 836 σελίδες
...not by HOW claimed direct prescription, at least by custom. It is said, " A water- y cus m ' course doth not begin by prescription, nor yet by assent, but the same doth begin ex jure naturae, having taken this course naturally, and cannot' be averted (k);" yet it may be claimed by...

A Treatise on the Law of Easements

Charles James Gale - 1849 - 552 σελίδες
...away or common and a watercourse. These begin by private right, by prescription, by assent as a way or common, being a particular benefit to take part of the profits of the land—this is extinct by unity, because the greater benefit shall drown the less. A water-course doth...

A Treatise of the Law of Waters: Including the Law Relating to Rights in the ...

Humphry William Woolrych - 1853 - 448 σελίδες
...Plymouth, 15 LJ,Canc. 109. SC (y) The passage in Bolstrode, where it is said by Whitlock, J., that " A watercourse doth not begin by prescription, nor yet by assent, but the same doth begin ex jure naturae, baving taken this course naturally, and cannot be averted,"! is not inconsistent with the...

Reports of Cases Determined in the Court of Chancery And, on Appeal ..., Τόμος 2

John Potter Stockton - 1858 - 652 σελίδες
...by assent, as a way common, being a particular benefit, t take part of the profits of the land; this extinct by unity because the greater benefit shall drown the less: a wate: Brakely v. Sharp. course doth not begin by prescription, nor yet by assent, but the same doth...

The Real Property Statutes Passed in the Reigns of King William IV ..., Βιβλίο 1

Leonard Shelford, Great Britain - 1863 - 926 σελίδες
...them servitutes pmdiales ; those which begin by private right, by prescription, by assent, as a way or common, being a particular benefit to take part of...greater benefit shall drown the less. A watercourse does not begin by prescription, nor yet by assent, but the same doth begin ex jare natura, having taken...

Shelford's Real Property Statutes: Including the Prcincipal Statutes ...

Leonard Shelford, Great Britain, Thomas Henry Carson - 1874 - 936 σελίδες
...lerritittei prtedialet; those which begin by private right, by prescription, by assent, as a way or common, being a particular benefit to take part of...because the greater benefit shall drown the less. Л watercourse does not begin by prescription, nor yet by assent, but the same doth begin ex jure natura-,...

Jones on Prescription: A Practical Treatise on the Real Property Limitation ...

Herbert Chilion Jones - 1878 - 368 σελίδες
...because the greater benefit shall drown the less; a watercourse doth not begin by prescription nor yet assent, but the same doth begin ex jure natures, having...taken this course naturally, and cannot be averted." Woolrych, in his treatise on water-courses, says: "Things which have an existence during the unity...




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