...the trial, that there could be no doubt but that twenty years' exclusive enjoyment of water in :uiy 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...

...(1805) 6 East., 208. "party whose land is below must take the stream subject to " such adverse right. I take it that twenty years' exclusive " enjoyment...particular manner affords a " conclusive presumption of the right in the party so enjoying "it, derived from grant or act of Parliament." l The facts in Kcalc;/...

...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...

...have it flow in a pure and unpolluted state. As a general rule, twenty years exclusive enjoyment of water in any particular manner *affords a conclusive presumption of right in the party so enjoying.it: Balston v. Bensted(l). 'That rule, however, is subject to this qualification, that no...

...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...

...Prescription Act, 1832, 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 (g). In Preseott v. Phillips (h) it was ruled " that nothing short of twenty years' undisturbed possession...

...an uninterrupted and exclusive enjoyment for more than 21 years of water in any particular way, it affords a conclusive presumption of right in the party so enjoying it, equal to a right by prescription. The same rule is substantially declared in Hoy v. Sterrett, 2 Watts,...

...Ellenborongh laid it down that " twenty years' exclusive enjoyment of water in any particular manner afforded a conclusive presumption of right in the party so...it, derived from grant or Act of Parliament." But the decision in the latter case, which is expressly disapproved of by Lord Wensleydale in Chasemore...

...Lord Ellenborough said, '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.' His lordship is not reported to have explained the nature of the presumption to be made, but at that...

...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. If the rules...