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" 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. "
Reports of Cases Argued and Determined in the Court of King's Bench: With ...
των Great Britain. Court of King's Bench, Sir Edward Hyde East - 1809
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A Compendium of the Law of Evidence

Thomas Peake - 1804 - 534 σελίδες
...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...

An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 732 σελίδες
...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...enjoyment may or may not afford such a presumption, accordingly as it is attended with circumstances to support or rebut the right. So the presumption...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817 - 776 σελίδες
...enjoyment of the water, inanv particular manner, affords a conclusive presumption of right in the parly so enjoying it, derived from grant or act of Parliament....enjoyment may or may not afford such a presumption, accordingly as it is intended with circumstances to support or rebut the right. So the presumption...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817 - 782 σελίδες
...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,...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1820 - 830 σελίδες
...must take the stream subject to such adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption...enjoyment may or may not afford such a presumption, accordingly as it is intended with circumstances to supporter rebut the right. When a mill has been...

A Compendium of the Law of Evidence

Thomas Peake - 1822 - 668 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 General Abridgment and Digest of American Law: With Occasional ..., Τόμος 3

Nathan Dane - 1824 - 620 σελίδες
...must take the stream subject to such adverse right. Twenty years' exclusive enjoyment of the water in any particular manner, affords a conclusive presumption...enjoyment may or may not afford such a presumption, accordingly as it is attended with circumstances to support or rebut the right." The other justices...

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

Joseph Kinnicut Angell - 1824 - 380 σελίδες
...Bensted, (I Campb. 463.) Lord Ellenborough also ruled, that twenty years' exclusive enjoyment ef water, in any particular manner, affords a conclusive presumption of right in the party se enjoying it. The case of Beaks v. Shaw, (6 East, 208.) was a solemn decision of the KB on that very...

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

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1825 - 496 σελίδες
...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 Treatise on the Law of Actions Relating to Real Property, Τόμος 1

Henry Roscoe - 1825 - 838 σελίδες
...existence thirty years ago. (a) So also, twenty years exclusive possession of a stream of water in any particular manner affords a conclusive presumption of right in the party enjoying it, derived from a grant or act of parliament ; but less than twenty years enjoyment may or...




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