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" If the owner of the soil throws open a passage, and neither marks by any visible distinction, that he means to preserve all his rights over it, nor excludes persons from passing through it by positive prohibition, he shall be presumed to have dedicated... "
Reports of Cases Argued and Determined in the Court of Kings Bench, and Upon ... - Σελίδα 234
των Great Britain. Court of King's Bench, Sandford Nevile, Sir Erskine Perry - 1838
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Reports of Cases Argued and Determined in the Court of ..., Τεύχος 20,Τόμος 3

Great Britain. Court of King's Bench, Sandford Nevile - 1838 - 800 σελίδες
...J. in The Trustees of the British Museum v. Finnis(l,). So in Rex v. Lloyd(c), LiordEllenboroughC.J. laid down, "if the owner of the soil throws open a...[Lord Denman CJ Wood v. Veal(d) is (a) 14 East, 331, n. (rf) 1 D. & 11.20; 5 B. & Aid. (t) 5 C. & P. 460. 454. EASTER TERM, 1 VICT. opposed to lhat doctrine.]...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 8

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1840 - 1104 σελίδες
...restrained the user accordingly. The observation of Lord fillenborough in Rex v. Lloyd (b) applies. " If the owner of the soil throws open a passage, and...shall be presumed to have dedicated it to the public. Although the pas? sage in question was originally intended only for private convenience, the public...

Cases Argued and Determined in the Court of Common Pleas: With ..., Τόμος 1

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 σελίδες
...evidence, and reading the following passage from the summing up of Lord Ellenborough in Rex v. Lloyd(b\ " If the owner of the soil throws open a passage, and...shall be presumed to have dedicated it to the public;" his Lordship told the jury, that supposing the bridge in question to have been originally built, as...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 18

Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1841 - 650 σελίδες
...necessary in the dedication of land to public use. Lord Ellenborough decided, that when the " owner throws open a passage, and neither marks by any visible...means to preserve all his rights over it, nor excludes or prohibits persons from passing through it, he sliall bepresumed to have dedicuted it to the puhlie."...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 σελίδες
...and read the following passage from the ruling of Lord Ellenborough in Eex \. Lloyd, 1 Camp. 260—" If the owner of the soil throws open a passage, and neither marks by anv visible distinction that he means to preserve all his rights over it, nor excludes persons from...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Τόμος 2

Archibald John Stephens - 1842 - 1072 σελίδες
...absolute dedication to the public will be presumed. Thus, in Hex v. Lloyd (3) Lord Ellenborough said, "If the owner of the soil throws open a passage, and...shall be presumed to have dedicated it to the public ; " and six years have been holden sufficient to presume such dedication. (4) But where a public footway...

The Law of Pleading and Evidence in Civil Actions: Arranged ..., Τόμος 2

John Simcoe Saunders - 1844 - 572 σελίδες
...jury whether, in fact, any was ever executed: Doe v. Reed, 5 B. & A. 232. If the owner of the spil throws open a passage, and neither marks, by any visible...rights over it, nor excludes persons from passing over it by positive prohibition, he shall be presumed to have dedicated it to the public: R. v. Lloyd,...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 22

New York (State). Supreme Court, John Lansing Wendell - 1847 - 704 σελίδες
...short of a full and perfect easement. Where the owner throws open a piece of land and docs not mark by any visible distinction that he means to preserve all his rights over it nor exclude persons from using it by positive prohibition, he shall be presumed to have dedicated it to...

The Law of Pleading and Evidence in Civil Actions: Arranged ..., Τόμος 2,Μέρος 1

John Simcoe Saunders - 1851 - 776 σελίδες
...surrender by a written instrument according to the statute of frauds (Doe v. Thomas, 9 B. & C. 288). If the owner of the soil throws open a passage, and...marks, by any visible distinction, that he means to pro serve all his rights over it, nor excludes persons from passing over it by positive prohibition,...

A Digest of the Reported Decisions of the Superior Court of the ..., Τόμος 2

William Davison Hennen - 1852 - 902 σελίδες
...of land to public use. Lord Ellcnborough held, in Rexv. Lloyd, 1 Campbell, 262, that if the owner 6f the soil throws open a passage, and neither marks...shall be presumed to have dedicated it to the public. Lafayette v. Holland, 18 L. 286. See infra, No. 46 ; supra, No. 21. 43. So, where the owners of a plantation,...




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