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" I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament. "
A General Abridgment and Digest of American Law: With Occasional Notes and ... - Σελίδα 10
των Nathan Dane - 1824
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A Compendium of the Law of Evidence

Thomas Penke - 1804 - 428 σελίδες
...(m) In Btaley v. Sba<w, 6 East. 214, Lord Elltnbcreugh said, that twenty years exclusive enjoyment of water, in any particular manner, affords a conclusive...presumption of -right in the party so enjoying it. But less than twenty years enjoyment may, or may not, afford such a presumption, according as it is...

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
...stream, subject to such adverse right. I take it, that twenty years exclusive enjoyment of the water hi any particular manner, affords a conclusive presumption...enjoyment may or may not afford such a presumption according as it is attended- with circumstances to support or rebut the right. Here it appears, that...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817
...tofcueh adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, Words a conclusive presumption of right in .the party so enjoying it, derived from grunt or act of Parliament. But legs than twenty years' enjoyment may or may not afford such •a presumption,...

A Compendium of the Law of Evidence

Thomas Peake - 1822 - 462 σελίδες
...Elknloro/ugh said, other cases that twenty years exclusive enjoyment of water, in any particular there cited. manner, affords a conclusive presumption of right in the party so enjoying Saund. 175, d. and several Part II. Ditturbante and Nuisance. and if A. being possessed of two houses,...

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

Joseph Kinnicut Angell - 1824 - 350 σελίδες
...Great stress has been laid, however, upon an observation of Lord Ellenborough, in the last case, that " twenty years' exclusive enjoyment of the water, in...presumption of right, in the party so enjoying it." But is it to be taken for granted, that this observation was meant to include an enjoyment, commencing,...

Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Τόμος 10

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1825
...an uninterrupted use and enjoyment of a stream of water above 21 years, in any particular way, this affords a conclusive presumption of right in the party so enjoying it. Ib. 3. Under what circumstances it may be left to the jury to presume a conveyance. Kingston v. Lesley....

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

Thomas Starkie - 1826
...held the action to be maintainable. Lord Ellenborough said, that twenty years exclusive enjoyment of water in any particular manner affords a conclusive presumption of right in the party so enjoying it ; but less than twenty years may or may not afford such a presumption, according as it is attended...

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

Joseph Kinnicut Angell - 1827 - 117 σελίδες
...jury should be directed to act upon it. In Bealy v. Shaw, (e) Lord Ellenborough says, " I take it that twenty years exclusive enjoyment of the water in any...enjoying it, derived from grant or act of Parliament. It lias been argued, that in order to found such a presumption, it must be shown, that the first act...

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

Virginia. Supreme Court of Appeals, Peyton Randolph - 1827
...Ellenboroughi in the case of Beuly v. Shaw, 6 East. 208, that " twenty years exclusive enjoyment of water, in any particular manner, affords a conclusive...enjoying it, derived from grant or Act of Parliament." This doctrine of Lord Ellenborottgh, understood as he intended to apply it, is perfectly correct; but...

The American Jurist and Law Magazine, Τόμος 3

1830
..."I take it that twenty years' exclusive enjoyment of the water in any particular manner, ;i tfords a conclusive presumption of right in the party so...twenty years' enjoyment may or may not afford such presumption, according as it is attended with circumstances to support or rebut the right." 1 Camp....




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