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" And though the stream be either diminished in quantity, or even corrupted in quality, as by means of the exercise of certain trades, yet if the occupation of the party so taking or using it... "
A General Abridgment and Digest of American Law: With Occasional Notes and ... - Σελίδα 10
των Nathan Dane - 1824
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 6

Great Britain. Court of King's Bench, Edward Hyde East - 1809
...of the party so taking or using it have existed for so long time as ma}" raise the presumption ofa grant, the other party whose land is below, must take the stream, subject to such adverse right. I take it, that twenty years exclusive enjoyment of the water hi any particular manner, affords a conclusive...

An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 1250 σελίδες
...occupation of the party so taking or using it hath existed for so lon^ a time as may raise the presumption of a grant, the other party, whose land is below, must take the stream subject to such ad verse right. Twenty years exclusive enjoyment of the water, hi any particular manner, affords a...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817
...party so taking or using it hath existed for so lonu; a time as may raise the presumption of a grunt, the other party, whose land is below, must take the stream subject tofcueh adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, Words...

An Abridgment of the Law of Nisi Prius, Τόμος 2

William Selwyn - 1817 - 1313 σελίδες
...occupation of the party so taking or using it hath existed for so lon£ a time us may raise the presumption of a grant, the other party, whose land is below, must take tlie stream subject to such adverse right. Twenty years exclusive enjoyment of the water, inanv particular...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Great Britain. Court of King's Bench - 1824
...jury should be directed to act upon it. In Bealy v. Shaw (a) Lord Ellenborough says, " I take it, that twenty years exclusive enjoyment of the water in any...a conclusive presumption of right, in the party so enjoy-, ing it, derived from grant or act of parliament." It has been argued, that in order to found...

A Treatise on the Common Law, in Relation to Water Courses: Intended More ...

Joseph Kinnicut Angell - 1824 - 350 σελίδες
...occupation of the party so taking or using it have existed for so long time as may raise the presumption of a grant, the other party whose land is below must take the stream subject to such adverse right. I take it, that 20 years exclusive enjoyment of the water in any particular manner affords a conclusive...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 4

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825
...explained, the jury ought to believe it. In Bealey v. Shaw (b) Lord Ellenhorougk says, " I take it that twenty years exclusive enjoyment of the water in any...affords a conclusive presumption of right in the party to enjoy it derived from grant or act of parliament." Since the case of Darwin v. Upton it has been...

A Treatise on the Law of Actions Relating to Real Property

Henry Roscoe - 1825 - 795 σελίδες
...occupation of the party so taking or using it, has existed for so long a time as may raise the presumption of a grant ; the other party, whose land is below,...must take the stream, subject to such adverse right. (/) It is not necessary that the mode of enjoying a watercourse should always have been precisely the...

A Practical Treatise on the Law of Evidence: And Digest of Proofs ..., Τόμος 3

Thomas Starkie - 1826
...occupation of the party so taking or using it has existed for so long a time as may raise the presumption of a grant, the other party, whose land is below,...particular manner, affords a conclusive presumption of the right of the party so enjoying it, derived from grant, or act of parliament ; but less than twenty...

An Inquiry Into the Rule of Law which Creates a Right to an Incorporeal ...

Joseph Kinnicut Angell - 1827 - 117 σελίδες
...occupation of the party so taking and using it, have existed for so long a time as may raise the presumption of a grant, the other party, whose land is below,...must take the stream subject to such adverse right. / take it, that twenty years exclusive enjoyment of the water in any particular manner affords a conclusive...




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