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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. "
The American Jurist - Página 113
1830
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A Compendium of the Law of Evidence

Thomas Penke - 1804 - 428 páginas
...(m) In Btaley v. Sba<w, 6 East. 214, Lord Elltnbcreugh said, that 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 twenty years enjoyment may, or may not, afford such a presumption, according as it is...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumen6

Great Britain. Court of King's Bench, Edward Hyde East - 1809
...stream, subject to such adverse right. I take it, that twenty years exclusive enjoyment of the water hi any particular manner, affords a conclusive presumption...twenty years enjoyment may or may not afford such a presumption according as it is attended- with circumstances to support or rebut the right. Here it...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 1250 páginas
...used the premises in a husband-like manner, 480. WATER-COURSE: twenty years exclusive enjoyment of water, in any particular manner, affords a conclusive presumption of right in party so enjoying it, 1005 n. see Fishery. WAY: of the different kinds of ways, 1175. : how a private...
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An Abridgment of the Law of Nisi Prius, Volumen2

William Selwyn - 1817 - 1313 páginas
...enjoyment of the water, inanv particular manner, affords a conclusive presumption of right in the parly so enjoying it, derived from grant or act of Parliament....twenty years' enjoyment may or may not afford such a presumption, accordingly as it is intended with circumstances to support or rebut the right. So the...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817
...tofcueh adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, Words a conclusive presumption of right in .the party so enjoying it, derived from grunt or act of Parliament. But legs than twenty years' enjoyment may or may not afford such •a presumption,...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1820 - 1355 páginas
...a grant, the other party, whose land is below, must take the stream subject to such adverse right. Twenty years exclusive enjoyment of the water, in...twenty years' enjoyment may or may not afford such a presumption, accordingly as it is intended with circumstances to supporter rebut the right. When...
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A Compendium of the Law of Evidence

Thomas Peake - 1822 - 462 páginas
...Elknloro/ugh said, other cases that twenty years exclusive enjoyment of water, in any particular there cited. manner, affords a conclusive presumption of right in the party so enjoying Saund. 175, d. and several Part II. Ditturbante and Nuisance. and if A. being possessed of two houses,...
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A General Abridgment and Digest of American Law: With Occasional ..., Volumen3

Nathan Dane - 1824
...of a grant, the other party whose land is below must take the stream subject to such adverse right. Twenty years' exclusive enjoyment of the water in...twenty years' enjoyment may or may not afford such a presumption, accordingly as it is attended with circumstances to support or rebut the right." The...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumen2

Great Britain. Court of King's Bench - 1824
...presumption, a jury should be directed to act upon it. In Bealy v. Shaw (a) Lord Ellenborough says, " I take it, that twenty years exclusive enjoyment of...a conclusive presumption of right, in the party so enjoy-, ing it, derived from grant or act of parliament." It has been argued, that in order to found...
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A Treatise on the Common Law, in Relation to Water Courses: Intended More ...

Joseph Kinnicut Angell - 1824 - 350 páginas
...raise the presumption of a grant, other parties must take the stream subject to such adverse right, and that twenty years exclusive enjoyment of the water, in any particular manner, affords a presumption of right, in the party so enjoying it, derived from grant or act of parliament, 6 East...
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