Northeastern Reporter, Volum 78Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
Inni boken
Side 42
Held, that complainant, an adjoining proprietor had acquired no prescriptive
easement to have the flood waters of the stream flow over defendants' lands. 3.
SAME—WATER COURSE—DRAINAGE-SUFFICIENCY. In an action to restrain
the ...
Held, that complainant, an adjoining proprietor had acquired no prescriptive
easement to have the flood waters of the stream flow over defendants' lands. 3.
SAME—WATER COURSE—DRAINAGE-SUFFICIENCY. In an action to restrain
the ...
Side 44
145, it is said that, in order to make the use of the easement in another's land for
20 years conclusive of the right, the use must be adverse, uninterrupted, and with
the knowledge and acquiescence of the land OWner, and that each of these ...
145, it is said that, in order to make the use of the easement in another's land for
20 years conclusive of the right, the use must be adverse, uninterrupted, and with
the knowledge and acquiescence of the land OWner, and that each of these ...
Side 45
court says (page 350 of 90 Ill.) : “The comwater upon it, * * * made * * * to the
depot agent, Sufficiently disproves acquiescence in such user, and thereby an
esSential element of a right to an easement by adverse use was shown not to
exist.
court says (page 350 of 90 Ill.) : “The comwater upon it, * * * made * * * to the
depot agent, Sufficiently disproves acquiescence in such user, and thereby an
esSential element of a right to an easement by adverse use was shown not to
exist.
Side 76
EASEMENT - ACQUISITION – PRESCRIPTION —EVIDENCE. Where there has
been open and continuous use of an easement for the period of limitation
concerning ejectment, the owner of the servient tenement may not show that
there was ...
EASEMENT - ACQUISITION – PRESCRIPTION —EVIDENCE. Where there has
been open and continuous use of an easement for the period of limitation
concerning ejectment, the owner of the servient tenement may not show that
there was ...
Side 77
Q. Can you explain why you didn't build the fence north of this line, taking in your
easement, instead of south of it? A. We didn't claim it. We used it. We didn't claim
it as our own. Q. You didn't claim to own that strip? A. No, sir; if we had claimed ...
Q. Can you explain why you didn't build the fence north of this line, taking in your
easement, instead of south of it? A. We didn't claim it. We used it. We didn't claim
it as our own. Q. You didn't claim to own that strip? A. No, sir; if we had claimed ...
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action affirmed agreed alleged amount answer appellant appellee applied assessment authority Bank bill bonds cause Cent charge circuit claim complaint condition Constitution construction contract corporation court damages death deed defendant determine directed duty easements effect election entered error evidence exceptions execution existing facts filed finding follows further give given grant ground held improvement injury instruction intended interest issue Judge judgment jury land lien limitations Mass matter means ment mortgage motion negligence Ohio operation opinion owner paid parties passed payment person petition plaintiff present proceedings purchase question railroad reason received record reference refused reversed rule statute street sufficient sustained taken thereof tion trial trust witness
Bibliografisk informasjon
| Tittel | Northeastern Reporter, Volum 78 National reporter system: State series |
| Bidragsytere | Illinois. Supreme Court, Indiana. Supreme Court, Indiana. Appellate Court, Massachusetts. Supreme Judicial Court, West Publishing Company, New York (State). Court of Appeals, Ohio. Supreme Court, Ohio. Courts of Appeals |
| Utgiver | West Publishing Company, 1907 |
| Original fra | University of Minnesota |
| Digitalisert | 7. jul 2014 |
| Eksporter sitat | BiBTeX EndNote RefMan |