 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 σελίδες
...occupation of the party so taking or 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;" and then follows the remark on which the Chancellor relies. It is clear, then, that he meant an enjoyment... | |
 | James Kent - 1828 - 432 σελίδες
...occupation of the party so taking or using it, has existed for so long a time as to raise the presumption of a grant, the other party whose land is below, must take the stream subject to such adverse right ; and, twenty years exclusive enjoyment of the water in any particular manner affords, according to... | |
 | Henry Roscoe - 1831 - 788 σελίδες
...the thirty years. Griffiths o. Matthews, 5 TR 296. 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 may or may not afford... | |
 | Ohio. Supreme Court - 1832 - 976 σελίδες
...presumption. In Bealy v. Sltaw and others, (6 East, 215.) Lord Ellenborough says, "I take it, that twenty years exclusive enjoyment of the water in any...particular manner, affords a conclusive presumption of Tight in the party so enjoying it, derived from grant or act of parliament. But less than twenty years... | |
 | 1833 - 1308 σελίδες
...occupation of the party so taking or 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." Mr. Justice Lawrence confirms the opinion of Mr. Baron Graham, on the trial, that "persons possessing... | |
 | Pennsylvania. Supreme Court, Frederick Watts - 1835 - 534 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. Twenty-one years exclusive enjoyment of water, affords a conclusive presumption of right in the party... | |
 | United States. Circuit Court (1st Circuit), Charles Sumner - 1836 - 634 σελίδες
...East R. 215, is the leading case, and the opinion of Lord Ellenborough is as follows : "I take it that twenty years' exclusive enjoyment of the water in...particular manner, affords a conclusive presumption of a grant ; but less than twenty years may, or may not, afford such presumption, according as it is attended... | |
 | Solomon Atkinson - 1839 - 708 σελίδες
...occupation of the party so taking or 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. I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a... | |
 | Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...occupation of the party so taking have existed for so long a time, that will raise the presumption of a grant, the other party whose land is below must take the stream subject to such adverse right. Here it appears, from 1724 downwards, there has been a partial enjoyment of the water of the river... | |
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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... 
