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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. "
Select Cases and Other Authorities on the Law of Property - Seite 128
von John Chipman Gray - 1888
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A Compendium of the Law of Evidence

Thomas Peake - 1804 - 534 Seiten
...grant;* (m) but when it is so claimed, (m) In Btaley v. Sba<w, 6 East. 214, Lord Elltnbcreugh said, that twenty years exclusive enjoyment of water, in...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...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 10

Great Britain. Court of King's Bench, Sir Edward Hyde East - 1809 - 540 Seiten
...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 of right in the party so enjoying it, derived from grant or act of parliament. But less than twenty years enjoyment may or may not afford...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 732 Seiten
...of lights for twenty years and upwards, jury may be directed to presume a right by grant, 1004. so twenty years exclusive enjoyment of water, in any...particular manner, affords a conclusive presumption of a right derived from grant, or act of parliament, 1005 n. PRISON: keeper of prisons shall give to persons...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1820 - 830 Seiten
...below, must take the stream subject to such adverse right. 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. But less than twenty years' enjoyment may or may not afford...
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A Compendium of the Law of Evidence

Thomas Peake - 1822 - 668 Seiten
...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,...
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A General Abridgment and Digest of American Law: With Occasional ..., Band 3

Nathan Dane - 1824 - 620 Seiten
...below must take the stream subject to such adverse right. 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. But less than twenty years' enjoyment may or may not afford...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 2

Great Britain. Court of King's Bench - 1824 - 1040 Seiten
...Bealy v. Show (a) Lord FMetilorougfi says, " 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 enjoy. ing it, derived from grant or act of parliament." It has been argued, that in order to found...
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A Treatise on the Common Law, in Relation to Water Courses: Intended More ...

Joseph Kinnicut Angell - 1824 - 380 Seiten
...raise the presumption of a grant; and in Bealcy v. Sham et a/., 6 East, 214, Lord Ellenborough said, that twenty years' exclusive enjoyment of water, in any particular manner, affords conclusive presumption of right in the party so enjoying it. Has the Plaintiff lost his title to the...
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A Treatise on the Law of Actions Relating to Real Property, Band 1

Henry Roscoe - 1825 - 838 Seiten
...the pew had no existence thirty years ago. (a) So also, twenty years exclusive possession of a stream of water in any particular manner affords a conclusive presumption of right in the party enjoying it, derived from a grant or act of parliament ; but less than twenty years enjoyment may or...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 4

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 888 Seiten
...Bealey v. Shaw (b) Lord Ellenhorougk says, " I take it that twenty years exclusive enjoyment of the water in any particular manner affords a conclusive presumption of right in the party to enjoy it derived from grant or act of parliament." Since the case of Darwin v. Upton it has been...
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