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 1131830Vista completa - Acerca de este libro
| Ohio. Supreme Court - 1832 - 976 páginas
...sufficient to warrant this presumption. In Bealy v. Sltaw and others, (6 East, 215.) Lord Ellenborough says, "I take it, that twenty years exclusive enjoyment...particular manner, affords a conclusive presumption of Tight in the party so enjoying it, derived from grant or act of parliament. But less than twenty years... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 páginas
...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 páginas
...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.... | |
| United States. Circuit Court (1st Circuit), Charles Sumner - 1836 - 634 páginas
...Bealy v. Shaw, 6 East R. 215, is the leading case, and the opinion of Lord Ellenborough is as follows : "I take it that twenty years' exclusive enjoyment...particular manner, affords a conclusive presumption of a grant ; but less than twenty years may, or may not, afford such presumption, according as it is attended... | |
| William Blackstone - 1838 - 910 páginas
...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 páginas
...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 páginas
...a grant, the other party, whose land is below, must take the stream, subject to such adverse right. I take it, that twenty years' exclusive enjoyment...twenty years' enjoyment may or may not afford such a presumption, according as it is attended with circumstances to support or rebut the right." It has... | |
| Joseph Kinnicut Angell - 1840 - 294 páginas
...when an adverse possession of land has been proved. Lord Ellenborough says, in Bealy v. Shaw,' — " I take it, that twenty years' exclusive enjoyment...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... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1840 - 752 páginas
...alteration." And again—" I take it that twenty (a) 1 Campb. 463. (b) 5 East, 214. Etch. of Pleat, years' exclusive enjoyment of the water in any particular...manner affords a conclusive presumption of right in the ARKWRIGHT party so enjoying it, derived from grant or act of ParliaV. CELL. inent." The rest of the... | |
| Charles James Gale, Thomas Denman Whatley - 1840 - 382 páginas
...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... | |
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