 | Charles James Gale, Thomas Denman Whatley - 1840 - 382 σελίδες
...by the defendant ; and that there could be no doubt but that twenty yeiirs' exclusive enjoyment of water in any particular manner affords a conclusive...presumption of right in the party so enjoying it" It was afterwards agreed, on the recommendation of the Court, that the water should be conveyed from... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Henry Davison - 1841 - 734 σελίδες
...defendant.s close, his lordship held in favour of the plaintiff, " that twenty years. exclusive enjoyment of water in any particular manner affords a conclusive...presumption of right in the party so enjoying it." But this opinion was never questioned, as the case was compromised. What act have the plaintiffs done... | |
 | Thomas Starkie - 1842 - 1186 σελίδες
...the acquiescence of others, for the space manner, affords a conclusive presumption of tlie ri^'ht of the party so enjoying it, derived from grant, or Act...than twenty years' enjoyment may or may not afford sucli a presumption, accordingly as it is attended with circumstances to support or rebut the right.... | |
 | George Crabb - 1846 - 842 σελίδες
...W. 4, c. 71, " Twenty years exclusive enjoyment of water in any particular manner, afforded a strong presumption of right in the party so enjoying it, derived from grant or Act of Parliament (y) ; " but it seems that less than twenty years' enjoyment may or may not afford such a presumption... | |
 | Humphry William Woolrych - 1853 - 448 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."(/,) And with respect... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 σελίδες
...it," said Lord Ellenborough, in Bealy v. Shaw, (6 East, 208.) " that 20 years' exclusive enjoyment of water, in any particular manner, affords a conclusive...enjoying it, derived from grant or act of parliament." The doctrine is, perhaps, still more accurately settled by Best, as follows : " Acting partly on the... | |
 | Joseph Kinnicut Angell - 1854 - 732 σελίδες
...dug by the defendant; and 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 party so enjoying it." § 206. In the absence of a special custom, it has been. held, that artificial watercourses are not... | |
 | Great Britain, Leonard Shelford - 1856 - 856 σελίδες
...Will. 4, c. 71, twenty years' exclusive enjoyment of water in any particular manner afforded a strong presumption of right in the party so enjoying it, derived from grant or act of parliament (Beaky v. Shaw, 6 East, 208 ; Cox v. Matthews, 1 Vent. 237 ; 2 Wms. Saund. 1 1 3 b. See Dewhirst v.... | |
 | William Laxton - 1857 - 500 σελίδες
...cases, Lord Ellenborough said 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 party so enjoying it. His lordship is not reported to have explained the nature of the presumption to be made, but at that... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1858 - 956 σελίδες
...Lord Ellenbor&ugh said " 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 party so enjoying it." His lordship is not reported to have explained the nature of the presumption to be made, but at that... | |
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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. 
