 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
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 768 páginas
...the use of it Hence the courts have almost universally held that twenty years exclusive enjoyment of water in any particular manner affords a conclusive presumption of right in the party enjoying it Bealey v. Shaw, 6 East, 203 ; 3 Kent's Com. (5th ed.). 441 ; Belknap v. Trimble, 3 Paige,... | |
 | Charles Greenstreet Addison - 1876 - 874 páginas
...a grant, the other party, whose land is below, must take the stream subject to such adverse Tight. I take it that twenty years' exclusive enjoyment of...enjoying it, derived from grant or Act of Parliament." («) And where the method of manufacture is varied, e. g,, by the substitution of some other material... | |
 | Charles Greenstreet Addison - 1876 - 832 páginas
...grant, the other party, whose land is below, must • take the stream subject to such adverse right. 1 take it that twenty years' exclusive enjoyment of...enjoying it, derived from grant or Act of Parliament "(n). And where the method of manufacture is varied, eg, by the substitution of some other mateSeavey,... | |
 | Clement Higgins - 1877 - 296 páginas
...of 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 of...enjoying it, derived from grant or act of parliament" (rf). Title to an easement may now be acquired, not only by prescription or " lost grant," but also... | |
 | John Hoff Stewart - 1879 - 826 páginas
...adverse right may exist, founded on the occupancy of another ; that twenty years' exclusive enjoyment of water, in any particular manner, affords a conclusive...in the party so enjoying it, derived from grant or an act of parliament. And in Wright v. Howard, 1 Sim. & St. 203, the principle is distinctly laid down... | |
 | Edward P. Weeks - 1879 - 368 páginas
...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... | |
 | John Campbell Allen - 1879 - 606 páginas
...the other party, whose laud is 1865. " below, must take the stream subject to such adverse "right. I take it that twenty years exclusive enjoyment "of the water in any particular manner, affords a couclu- DAVIS. " sive presumption of right in the party so enjoying it, " derived from grant or Act... | |
 | 1882 - 1098 páginas
...Bealnj v. Sliaw 2], Lord Kllenborough says: — "1 take it that 20 years' exclusive enjoyment ofwaler in any particular manner affords a conclusive presumption...enjoying it , derived from grant or Act of Parliament." This, if a correct view of the law as I believe it is, shews that the presumption is one of law and... | |
 | 1886 - 856 páginas
...of 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 of...particular manner affords a conclusive presumption of rigbt in the party so enjoying it derived from grant or act of parliament." In Balston v. Benalead,... | |
 | Virginia. Supreme Court of Appeals - 1886 - 986 páginas
...Ellenborough as saying, in Beaty v. Shaw, 6 East. 208, that, " twenty gears exclusive enjoyment of water in any particular manner, affords a conclusive...presumption of right in the party so enjoying it, derived either from grantor act of parliament; " and says that this doctrine, understood as Lord Ellenborough... | |
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