 | 1830 - 442 σελίδες
...be left to a jury as evidence of a dedication. 'Lord Ellenborough says, 6 East, 215, "I take it that twenty years' exclusive enjoyment of the water in...twenty years' enjoyment may or may not afford such presumption, according as it is attended with circumstances to support or rebut the right." 1 Camp.... | |
 | New Jersey. Court of Chancery - 1879 - 846 σελίδες
...adverse right may exist, founded on the occupancy of another ; that twenty years' exclusive enjoyment of water, in any particular manner, affords a conclusive...in the party so enjoying it, derived from grant or an act of parliament. And in Wright v. Howard, 1 Sim. & St. 203, the principle is distinctly laid down... | |
 | James Stewart - 1831 - 754 σελίδες
...exclusive enjoyment of water in any particular manner, affords a conclusive presumption of right on the party so enjoying it, derived from grant or act of parliament ; but that less than twenty years might, or might not, afford such a presumption, according as it was attended... | |
 | Ohio. Supreme Court - 1832 - 976 σελίδες
...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...enjoyment may or may not afford such a presumption, according as it is attended with circumstances to support or rebut the right." From this I infer, that... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 σελίδες
...time." In Bealy v. Shaw (d) Lord Ellenborough said, " Twenty years exclusive enjoyment of the water affords a conclusive presumption of right in the party...enjoying it, derived from grant or act of parliament." In Pickering v. Lord Stamford (e) it is laid down, " Every presumption that can fairly be made shall... | |
 | Jacob D. Wheeler - 1834 - 626 σελίδες
...properly have concluded either way. Bealy v. Shaw, 6 East. 208. 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 20 years may, or may not, according to circumstances, &c. Defective in precision, 3 Hals.... | |
 | William Blackstone - 1838 - 910 σελίδες
...years exclusive enjoyment of the water in any particular manner by the occupier of the adjoining lands, affords a conclusive presumption of right in the party so enjoying it ; and tie may maintain an action if the water be diverted from its course, so that the quantity he... | |
 | New York (State). Court of Chancery, Alonzo Christopher Paige - 1838 - 712 σελίδες
...spring of water in a particular manner, by the owner of the close in which it first issued above ground, affords a conclusive presumption of right in the party so enjoying it. (1 Camp. Rep. 463.) The defendant has made a permanent diversion of the waters of the spring, entirely... | |
 | Solomon Atkinson - 1839 - 708 σελίδες
...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...enjoyment may or may not afford such a presumption, according as it is attended with circumstances to support or rebut the right." It has been held, that... | |
 | Joseph Kinnicut Angell - 1840 - 294 σελίδες
...possession of land has been proved. Lord Ellenborough says, in Bealy v. Shaw,' — " I take it, that twenty years' exclusive enjoyment of the water in...presumption of right, in the party so enjoying it ;" 2 and he lays down the same rule, quite as positively, in Balston v. Bensted.3 In Tyler v. Wilkinson,4... | |
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I take it, that 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. 
