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" ... for that is the form in which, by section 5, such a claim must be pleaded; and the like evidence would have been required before the statute to prove a claim by prescription or non-existing grant; therefore, if the way shall appear to have been enjoyed... "
A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes ... - Σελίδα 264
των Joseph Kinnicut Angell - 1854 - 683 σελίδες
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835 - 1150 σελίδες
...by sect. 5. such a claim must be pleaded, and the like evidence would have been required before this statute to prove a claim by prescription or non-existing...would have done ; if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired, because it was not enjoyed...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 1

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835 - 1012 σελίδες
...received in evidence on any general traverse or denial of such allegation." (a) ICr. M. &R. 211. (6) "Therefore, if the way shall appear to have been enjoyed...manner that a person rightfully entitled would have enjoyed it, but by stealth, as a trespasser would have done if he shall have occasionally asked the...

The Theory and Practice of Conveyancing, Τόμος 1

Solomon Atkinson - 1839 - 708 σελίδες
...the form in which, by section 5, such a claim must be pleaded; and the like evidence would have beeii required, before the statute, to prove a claim by...have done, — if he shall have occasionally asked the permission of the owner of the land, — no title would be acquired, because it was not enjoyed...

Precedents in Pleading: With Copious Notes on Practice, Pleading ..., Τόμος 2

Joseph Chitty, Tompson Chitty - 1839 - 454 σελίδες
...section 5 such a rlaim must be pleaded, and the like evidence would have bcrn required before the stntuie to prove a claim by prescription or non-existing grant....appear to have been enjoyed by the claimant, not openly anj in the manner a person rightfully entitled would have used it, hut by stealth as a trespasser would...

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...во ' as of right ; ' for that is the form in which by section 5 such a claim must be pleaded ; and the like evidence would have been required before...have done — if he shall have occasionally asked the permission of the occupier of the land — no title would * 128 be acquired, because it was not...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 6

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1841 - 900 σελίδες
...has done so ' as of right,' for that is the form in which (by s. 5) such a claim must be pleaded; and the like evidence would have been required before...stealth, as a trespasser would have done — if he shall (a) 23 Geo. 3, c. 48, s. 25. (6) 1 C., M., & R. 211. . 'of Pleat, have occasionally asked the permission...

A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Τόμος 1

Thomas Starkie - 1842 - 1186 σελίδες
...so as of right, for that is the form in which, by the 5th section, such a claim must be pleaded, and the like evidence would have been required before...would have done, if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired, because it was not enjoyed...

Martin's Practice of Conveyancing: With Forms of Assurances, Τόμος 1

Charles Davidson, Thomas Martin (of Lincoln's Inn.) - 1844 - 692 σελίδες
...done so ' as of right,' for that is the form in which, by section 5, such a claim must be pleaded; and the like evidence would have been required before...have done — if he shall have occasionally asked the permission of the occupier of the land — no title would be acquired, because it was not enjoyed...

A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 σελίδες
...for the full period required, and that he has done so " as of right." Therefore if the way •hall appear to have been enjoyed by the claimant, not openly,...would have done ; if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired. For the same reason it would...

A Treatise on Presumptions of Law and Fact: With the Theory and Rules of ...

William Mawdesley Best - 1845 - 232 σελίδες
...of right,' for that is the form in which, by the fifth section, such a claim must be pleaded ; and the like evidence would have been required before...would have done, if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired, because it was not enjoyed...




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