 | Leonard Shelford, Thomas Henry Carson - 1893 - 944 σελίδες
...occupation of the party so taking or using it hath existed for so long a time us may raise the presumption of a grant, the other party, whose land is below, must take tho stream subject to such adverse right. Before the stat. 2 & 3 Will 4, c. 71, twenty years' exclusive... | |
 | George Edwin Waring - 1894 - 282 σελίδες
...of the party so taking it 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." Rafter says, "It is believed, however, that in the present understanding of things, such a view is... | |
 | 1899 - 634 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: Bealey v. Shaw, 6 East. 208; Hoy v. Sterrett, 2 W. 327. "It is well settled, that if there has been... | |
 | Charles James Gale - 1899 - 656 σελίδες
...presumption of a grant, the other (a) 1805, 6 East, 208 ; S R. & 466. (c) 1824, 2 B. & C. 910; 26 BR 579. party, whose land is below, must take the stream subject to such Mason v. mil. adverse right.' Mr. Justice Lawrence confirms the opinion of Mr. Baron Graham on the... | |
 | 1901 - 1544 σελίδες
...Balston v. Bemted (1 Camp. 463), where Lord Ellenborough held that " 20 years' exclusive enjoyment of water in any particular manner, affords a conclusive presumption of right in the party во enjoying it ; " and there the owner of an adjoining close was held liable for cutting a drain,... | |
 | Robert Campbell - 1901 - 864 σελίδες
...tion 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... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1902 - 782 σελίδες
...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." " The right of diverting water," says Cockburn, CJ, in Mason Easement of v. Shrewsbury Railway Co.,3... | |
 | Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - 1904 - 648 σελίδες
...observed, early in the trial, that there could be no doubt but that twenty years' exclusive enjoyment of water in any particular manner affords a conclusive presumption of right in the partj- so enjoying it. Whether, by the words, ' in any particular manner,' his lordship meant to point... | |
 | Thomas Johnson Michie - 1907 - 988 σελίδες
...shall have existed for so long a time as may raise the presumption of a grant, the other party, whote land is below, must take the stream subject to such adverse right." Cornett v. Rhudy, 80 Va. 710, 715. No person has a right to divert a watercourse on his own land, so... | |
 | Abraham Clark Freeman - 1908 - 1208 σελίδες
...occupation of the party so taking and using it has 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": 1 Am. & Eng. Ency. of Law, 2d ed., 875; 22 Am. & Eng. Ency. of Law, 2d ed., 1187. The sixth plea was... | |
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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... 
