 | Great Britain. Court of King's Bench, Sir Edward Hyde East - 1809 - 540 páginas
...of the party so taking or using it have existed for so long time as ma}" raise the presumption ofa 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 the water hi any particular manner, affords a conclusive... | |
 | William Selwyn - 1812 - 732 páginas
...occupation of the party so taking or using it hath existed for so lon^ a time as may raise the presumption of a grant, the other party, whose land is below, must take the stream subject to such ad verse right. Twenty years exclusive enjoyment of the water, hi any particular manner, affords a... | |
 | William Selwyn - 1817 - 782 páginas
...party so taking or using it hath existed for so lonu; a time as may raise the presumption of a grunt, the other party, whose land is below, must take the stream subject tofcueh adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, Words... | |
 | William Selwyn - 1817 - 776 páginas
...occupation of the party so taking or using it hath existed for so lon£ a time us may raise the presumption of a grant, the other party, whose land is below, must take tlie stream subject to such adverse right. Twenty years exclusive enjoyment of the water, inanv particular... | |
 | Great Britain. Court of King's Bench - 1824 - 1082 páginas
...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 the water in any...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 - 1824 - 380 páginas
...occupation of the party so taking or using it have existed for so long time as may raise the presumption of a grant, the other party whose land is below must take the stream subject to such adverse right. I take it, that 20 years exclusive enjoyment of the water in any particular manner affords a conclusive... | |
 | Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 888 páginas
...explained, the jury ought to believe it. In Bealey v. Shaw (b) Lord Ellenhorougk says, " I take it that twenty years exclusive enjoyment of the water in any...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... | |
 | Henry Roscoe - 1825 - 838 páginas
...occupation of the party so taking or using it, has existed for so long a time as may raise the presumption of a grant ; the other party, whose land is below,...must take the stream, subject to such adverse right. (/) It is not necessary that the mode of enjoying a watercourse should always have been precisely the... | |
 | Thomas Starkie - 1826 - 708 páginas
...occupation of the party so taking or using it has existed for so long a time as may raise the presumption of a grant, the other party, whose land is below,...particular manner, affords a conclusive presumption of the right of the party so enjoying it, derived from grant, or act of parliament ; but less than twenty... | |
 | Joseph Kinnicut Angell - 1827 - 136 páginas
...occupation of the party so taking and using it, have existed for so long a time as may raise the presumption of a grant, the other party, whose land is below,...must take the stream subject to such adverse right. / take it, that twenty years exclusive enjoyment of the water in any particular manner affords a conclusive... | |
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And though the stream be either diminished in quantity, or even corrupted in quality, as by means of the exercise of certain trades, yet if the occupation of the party so taking or using it... 
