 | John Chipman Gray - 1888 - 816 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 party so enjoying it. Whether, by the words, " in any particular manner," his Lordship meant to point to the right claimed... | |
 | Robert Campbell - 1894 - 868 σελίδες
...Balston v. Bensted, 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 so enjoying it; " and there the owner of an adjoining close was held liable for cutting a drain, whereby the supply... | |
 | 1897 - 682 σελίδες
...presumption." In Bailey v. Shaw and other^ II5 East., 121 5|, Lord lillenborough says: "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." From this... | |
 | 1899 - 634 σελίδες
...an uninterrupted exclusive enjoyment, above twentyone years, of water, in any particular way, this affords a conclusive presumption of right in the party so enjoying it, and this is equal to a right by prescription": Strickler v. Todd, 10 S. & R. 63; Messinger's Appeal,... | |
 | 1901 - 1544 σελίδες
...observed, earlv 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 party so enjoying it Whether, by the words, " in any particular manner," his Lordship meant to point to the right claimed... | |
 | Thomas Henry Carson, Harold B. Bompas - 1902 - 1046 σελίδες
...Prescription Act, 1832, 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 (Bealey v. 8hau>, 6 East, 208 ; Cox v. Matthew», 1 Vent. 237 ; 2 Wms. Saund. 113 b ; see Diwhirst... | |
 | William Blackstone - 1902 - 540 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 he may maintain an action if the water be diverted from its course, so that the quantity he has... | |
 | John Chipman Gray - 1905 - 726 σελίδες
...the trial, that there could be no doubt but that twenty years' exclusive enjoyment of water in :uiy particular manner affords a conclusive presumption of right in the party so enjoying it. Whether, by the words, " in any particular manner," his Lordship meant to point to the right claimed... | |
 | Frederick Peacock - 1909 - 836 σελίδες
...exclusive " enjoyment of the water in any particular manner affords a " conclusive presumption of the right in the party so enjoying "it, derived from grant or act of Parliament." l The facts in Kcalc;/ v. Shaw 2 were that the defendant and his predecessors in title had been accustomed... | |
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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. 
