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 - Page 1131830Full view - About this book
| Thomas Peake - Evidence (Law) - 1804 - 534 pages
...(m) In Btaley v. Sba<w, 6 East. 214, Lord Elltnbcreugh said, that 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 twenty years enjoyment may, or may not, afford such a presumption, according as it is... | |
| Great Britain. Court of King's Bench, Sir Edward Hyde East - Law reports, digests, etc - 1809 - 540 pages
...stream, subject to such adverse right. I take it, that twenty years exclusive enjoyment of the water hi any particular manner, affords a conclusive presumption...twenty years enjoyment may or may not afford such a presumption according as it is attended- with circumstances to support or rebut the right. Here it... | |
| William Selwyn - Nisi prius - 1812 - 732 pages
...used the premises in a husband-like manner, 480. WATER-COURSE: twenty years exclusive enjoyment of water, in any particular manner, affords a conclusive presumption of right in party so enjoying it, 1005 n. see Fishery. WAY: of the different kinds of ways, 1175. : how a private... | |
| William Selwyn - Nisi prius - 1817 - 776 pages
...enjoyment of the water, inanv particular manner, affords a conclusive presumption of right in the parly so enjoying it, derived from grant or act of Parliament....twenty years' enjoyment may or may not afford such a presumption, accordingly as it is intended with circumstances to support or rebut the right. So the... | |
| William Selwyn - Nisi prius - 1817 - 782 pages
...tofcueh adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, Words a conclusive presumption of right in .the party so enjoying it, derived from grunt or act of Parliament. But legs than twenty years' enjoyment may or may not afford such •a presumption,... | |
| William Selwyn - Civil procedure - 1820 - 830 pages
...a grant, the other party, whose land is below, must take the stream subject to such adverse right. Twenty years exclusive enjoyment of the water, in...twenty years' enjoyment may or may not afford such a presumption, accordingly as it is intended with circumstances to supporter rebut the right. When... | |
| Thomas Peake - Evidence - 1822 - 668 pages
...Elknloro/ugh said, other cases that twenty years exclusive enjoyment of water, in any particular there cited. manner, affords a conclusive presumption of right in the party so enjoying Saund. 175, d. and several Part II. Ditturbante and Nuisance. and if A. being possessed of two houses,... | |
| Nathan Dane - Law - 1824 - 620 pages
...of a grant, the other party whose land is below must take the stream subject to such adverse right. Twenty years' exclusive enjoyment of the water in...twenty years' enjoyment may or may not afford such a presumption, accordingly as it is attended with circumstances to support or rebut the right." The... | |
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 1082 pages
...presumption, a jury should be directed to act upon it. In Bealy v. Shaw (a) Lord Ellenborough says, " I take it, that twenty years exclusive enjoyment of...a conclusive presumption of right, in the party so enjoy-, ing it, derived from grant or act of parliament." It has been argued, that in order to found... | |
| Joseph Kinnicut Angell - Water - 1824 - 380 pages
...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, 6 East... | |
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