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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 - Страница 113
1830
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Condensed Reports of Decisions in the Supreme Court of Ohio, Том 1

Ohio. Supreme Court - 1832 - 976 страници
...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...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Том 10

Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 страници
...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...

A Practical Abridgment of American Common Law Cases Argued and ..., Том 3

Jacob D. Wheeler - 1834 - 626 страници
...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....

Reports of Cases Argued and Determined in the Circuit Court of the ..., Том 1

United States. Circuit Court (1st Circuit), Charles Sumner - 1836 - 634 страници
...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...

Commentaries on the Laws of England: In Four Books; with an Analysis ..., Том 1

William Blackstone - 1838 - 910 страници
...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...

Reports of Cases Argued and Determined in the Court of Chancery of ..., Том 6

New York (State). Court of Chancery, Alonzo Christopher Paige - 1838 - 712 страници
...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...

The Theory and Practice of Conveyancing, Том 1

Solomon Atkinson - 1839 - 708 страници
...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...

A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - 1840 - 294 страници
...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...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Том 5

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1840 - 752 страници
...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...

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 страници
...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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