 | 1877 - 490 sider
...some right created either by law or contract, and as a branch of that law the owner of the minerals has a right to take away the whole of the minerals...his land, for such is the natural course of user of minerals ; and a servitude to prevent such user must be founded on something more than mere neighbourhood."... | |
 | 1877 - 558 sider
...some right created either by law or contract, and as a branch of that law, the owner of the minerals has a right to take away the whole of the minerals...his land, for such is the natural course of user of minerals ; and a servitude to prevent such user must be founded on sometliing more than mere neighborhood."... | |
 | The Court of Session, Court Of Judiciary And Houde of Lords - 1877 - 1418 sider
...cited either in a Scotch or English Court in favour of the doctrine that there is such a servitude. minerals in his land, for such is the natural course of user of minerals, and that No. 3. a servitude to prevent such a user must be founded on something more than... | |
 | Nathaniel Cleveland Moak - 1878 - 918 sider
...and as a branch of H.HSc.) Wilson v. Waddell. 1876 that law, the owner of the minerals has a ritfht to take away the whole of the minerals in his land, for such is the natural course of user of minerals ; and that a servitude to prevent such an user must be founded on something more than mere... | |
 | Robert Forster MacSwinney - 1884 - 862 sider
...some right created either by law or contract. And, as a branch of that law, the owner of the minerals has a right to take away the whole of the minerals...his land, for such is the natural course of user of minerals; and a servitude to prevent such an user must be founded ou something more than mere neighbourhood."*... | |
 | 1887 - 972 sider
...doing so he interferes with some right created either by law or contract ; and as a branch of that law, the owner of mineral land has a right to take away the whole of the mineAls in his land, for such is the natural course of the uses of mineral land, and that a servitude... | |
 | Robert Stewart Morrison - 1888 - 774 sider
...some right created either by law or contract; and as a branch of that law, | the owner of the minerals has a right to take away the whole | of the minerals in his land, for such is the natural course of j user of minerals; and that a servitude to prevent such an user must be founded on something more... | |
 | Thomas Beven - 1895 - 1072 sider
...Waddell * the House of Wilson r. Lords decided that " the owner of the minerals has a right to take way the whole of the minerals in his land, for such is the natural course of user of minerals " ; and, by consequence, when the minerals are removed, he is not liable for the accelerated... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 824 sider
...according to the recognised course of mining. It is now well settled law that " the owner of minerals has a right to take away the whole of the minerals...his land, for such is the natural course of user of minerals " (d), and (subject to an exception in the case of subsidence arising from the withdrawal... | |
 | John Cassan Wait - 1900 - 734 sider
...deep-lying veins, where on the affidavits it appears doubtful whether those veins extend under the tract. ' The owner of mineral land has a right to take away...minerals in his land, for such is the natural course of the user of such land, and if, in the course of such user, water accumulates on his land, either on... | |
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... he interferes with some right created either by law or contract ; and as a branch of that law, the owner of the minerals has a right to take away the whole of the minerals in his land, for such is the natural course of user of minerals ; and that... 
