 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
 | William Blackstone, George Sharswood - 1860 - 874 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 he may maintain an action if the water be diverted from its course, so that the quantity he has... | |
 | 1863 - 832 páginas
...spring, so as not to be of use to the owner, would be liable therefor. Such " exclusive enjoyment of water in any particular manner, affords a conclusive...presumption of right in the party so enjoying it." Judge STORY, in the case already cited, adopted and acted upon this as a settled principle of law.... | |
 | 1863 - 830 páginas
...spring, so as not to be of use to the owner, would be liable therefor. Such " exclusive enjoyment of water in any particular manner, affords a conclusive...presumption of right in the party so enjoying it." Judge STORY, in the case already cited, adopted and acted upon this as a settled principle of law.... | |
 | Leonard Shelford, Great Britain - 1863 - 930 páginas
...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. (Bealey v. Shaw, 6 East, 208 ; Cue v. Matthews, 1 Vent. 237 ; 2 Wms. Saund. 113 b. See Deichirtt v.... | |
 | Emory Washburn - 1864 - 912 páginas
...regard it as a conclusive presumption of title. Thus, in Bealey v. Shaw,2 Ellenborough, CJ, says : " I take it that twenty years' exclusive enjoyment of the water in any particular manner affords conclusive presumption of right in the party so enjoying it." And Story, J., in Tyler v. Wilkinson,3... | |
 | William Johnson, New York (State). Supreme Court - 1865 - 516 páginas
...v. Bensted, (1 Campb. 463,) Lord Ellenborough also ruled, that twenty years' exclusive enjoyment of water, in any particular manner, affords a conclusive...presumption of right in the party so enjoying it. The case of Beales v. Shaw (6 East, 208) was a solemn decision of the KB on that very point. Though... | |
 | Great Britain. Courts - 1870 - 730 páginas
...a jury should be directed to act upon it. In Bealy v. Shaw, 6 East, 208, Lord ELLENBOROUGH says, " I take it, that twenty years exclusive enjoyment of the water in any particular .nanner, affords a conclusive presumption of right, in the party so enjoying it, derived from grant... | |
 | Ohio. Supreme Court - 1872 - 574 páginas
...sufficient to warrant this presumption. In Bealy v. Shaw and others, 6 East, 215, Lord Ellenborough says, "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." From... | |
 | Emory Washburn - 1873 - 830 páginas
...use * without being responsible for so doing. But this position was overruled by the court. They held that twenty years' exclusive enjoyment of the water in any particular manner affords conclusive presumption of right in the party so enjoying it, derived from grant or act of Parliament... | |
 | Great Britain, Leonard Shelford, Thomas Henry Carson - 1874 - 940 páginas
...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. (JJealey v. Sham, 6 East,"208; Cox v. Matthem, 1 Vent. 237; 2 Wms. Saund. 113 b. See Detvhirst v. Wrigley,... | |
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