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" No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while... "
Commentaries on American Law - Σελίδα 544
των James Kent - 1854
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 29

New Jersey. Court of Chancery - 1878 - 738 σελίδες
...above or below him, unless he has a prior right to divert it or a title to some exclusive enjoyment. He has no property in the water itself, but a simple...language of the law. Though he may use the water while it ruus over his land, as an incident to the land, he cannot unreasonably detain it or give it another...

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...in the water itself, but a simple use for it while it passes along. Aqua currit it débet currere, is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary...

The Law Times, Τόμος 17

1831 - 600 σελίδες
...proprietors, above or below, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et débet currere is the language of the law. Though he may use the water while it runs over his land,...

A Treatise on the Law of Landlord and Tenant, as ..., Βιβλίο 90,Τόμος 1

John Smith Furlong - 1845 - 830 σελίδες
...above or helow him, unless he has a prior right to divert it, or a title to some exclusive enjoyment : he has no property in the water itself, but a simple usufruct while it passes along, and though he may use the water while it runs over his land, he cannot detain it for an unreasonable...

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

Georgia. Supreme Court - 1848 - 702 σελίδες
...above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et dehct currere, is the language of the law. Without the consent of the adjoining proprietors, he cannot...

The Exchequer Reports: Reports of Cases Argued and Determined in ..., Τόμος 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 1008 σελίδες
...above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple...while it passes along. ' Aqua currit et debet currere' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably...

The Exchequer Reports: Reports of Cases Argued and Determined in ..., Τόμος 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1850 - 936 σελίδες
...proprietor of lands on the banks of a river has naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit, et debet currere," is the language of the law; and Mr. Justice...

English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 σελίδες
...above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple...while it passes along. < Aqua currit et debet currere ' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 13

United States. Supreme Court - 1852 - 668 σελίδες
...prejudice of other proprietors, above or below, unless he has acquired a prior right to divert it. He has no property in the water itself, but a simple usufruct while it passes along. Any one may reasonably use it who has a right of access to it ; but no one can set up a claim to an...

Cases Argued and Determined in the Court of Common Pleas and in the ..., Τόμος 1

John Scott, Great Britain. Court of Common Pleas - 1857 - 534 σελίδες
...above or below him, unless he has a prior right to divert it, or a title for some exclusive enjoyment. He has no property in the water itself, but a simple usufruct as it passes along. ' Aqua currit et debet currere,' is the language of the law. Though he may use...




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