A right to a stream of water is as sacred as a right to the soil over which it flows. It is a part of the freehold of which no man can be disseised " but by lawful judgment of his peers, or by due process of law. Massachusetts Reports - Side 561av Massachusetts. Supreme Judicial Court - 1889Uten tilgangsbegrensning - Om denne boken
| Joseph Kinnicut Angell - 1824 - 380 sider
...and is held to be as sacred. It is indeed apart of the freehold of which no man can be disseized " but by lawful judgment of his peers, or by due process of law." (6) And no action will lie to recover possession of a water-course by the name of water-course, either... | |
| New York (State). Court of Chancery, William Johnson - 1837 - 548 sider
...enjoyment of a stream which he has been accustomed always to see flowing by the door of his dwelling. A right *to a stream of water is as sacred as a right...fundamental maxim of common right to be found in Magna Chartci, and which the legislature. has incorporated into an act declaratory of the rights of the citizens... | |
| Joseph Kinnicut Angell - 1840 - 294 sider
...river.1 The right to a watercourse is therefore, a part of the freehold, of which no man can be disseized but " by lawful judgment of his peers, or by due process of law."2 But no action will lie to recover possession of a watercourse, by that name ; either by estimating... | |
| Thomas Nesbitt McCarter - 1865 - 616 sider
...sacred as the right to the soil itself. It is a part of the freehold of which no man can be disseized but by lawful judgment of his peers or by due process of law. -2 Johns. Ch. R. 166. A disturbance or deprivation of that right is an irreparable injury, for which... | |
| United States. Supreme Court - 1884 - 732 sider
...right to the soil over which it flows. It is a part of the freehold of which no man can be disseized but by lawful judgment of his peers, or by due process of law. 2 Johns. Ch. 162. If water cannot be taken by the state for public purposes from a stream running through... | |
| United States. Supreme Court - 1884 - 828 sider
...right to the soil over which it flows. It is a part of the freehold of which no man can be disseized but by lawful judgment of his peers, or by due process of law." If water cannot be taken by the State fpr public purposes from a stream running through the land of... | |
| William Albert Keener - 1894 - 908 sider
...enjoyment of a stream which he has been accustomed always to see flowing by the door of his dwelling. A right to a stream of water is as sacred as a right...maxim of common right to be found in magna charta, and which the Legislature has incorporated into an act declaratory of the rights of the citizens of... | |
| 1896 - 1222 sider
...owner to use water for his own domestic purposes. The right to a stream of water is as sacred as the right to the soil over which it flows. It is a part...lawful judgment of his peers, or by due process of law. Gardner v. Trustees, 2 Johns. Ch. 1G2; Scriver V. Smith, 100 NY 471-480, 3 NE 675; City of Syracuse... | |
| 1898 - 636 sider
...the authorities. It must be kept in mind, in deter•mining his remedy, that defendant appropriated says: "A right to a stream of water is as sacred*...lawful judgment of his peers or by due process of law." In a note to this case, 7 Am. Dec. 527, after citing cases following it, it is said: "The right to... | |
| New York (State). Courts - 1899 - 954 sider
...right to the soil over which it flows. It is a part of the freehold of which no man can be disseized ' but by lawful judgment of his peers, or by due process...and fundamental maxim of common right to be found in Mayna Charta, and which the legislature has incorporated into an act declaratory of the rights of the... | |
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