Illustrative Cases in Realty, Del 1

T. & J.W. Johnson & Company, 1894

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Side 75 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Side 40 - Thus again, whatever moveables are found upon the surface of the earth, or in the sea, and are unclaimed by any owner, are supposed to be abandoned by the last proprietor; and, as such, are returned into the common stock and mass of things: and therefore they belong, as in a state of nature, to the first occupant or fortunate finder...
Side 134 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Side 30 - JP, by plaintiff in error, against defendant in error, to recover the value of three loads of wood, hauled from the land of the plaintiff in error, by the defendant in error, claiming triple damages under the provisions of ch.
Side 96 - Its destination, the intention of the person making the erection, often exercises a controlling influence, and its connection with the land is looked at principally for the purpose of ascertaining whether that intent was that the thing in question should retain its original chattel character, or whether it was designed to make it a permanent accession to the lands.
Side 46 - Court do not profess to call in question the correctness of their former decision, but, on the contrary, affirm it and distinguish the latter case from it. The rule here adopted will not be considered as applying to manure made in a livery stable, or in any manner not connected with agriculture or in a course of husbandry. In the present case the defendant had notice, both from Blake and from the plaintiff, of the claim and title of the plaintiff to the manure before the sale; he therefore stands...
Side 14 - ... in the water of a natural watercourse. In such water, before it leaves his land and becomes part of a definite watercourse, the owner of the land is deemed to have an absolute property, and he may appropriate it to his exclusive use, or get rid of it in any way he can, provided only that he does not cast it by drains, or ditches, upon the land of his neighbor...
Side 137 - ... dwelling-house as well as for a trade superseded the exception in favor of the latter, there is no ground to declare that the tenant was not entitled to remove it. At most, it would be deemed only a mixed case, analogous in principle to those before Lord Chief Baron COMYNS, and Lord HAEDWICKE, and therefore entitled to the benefit of the exception.
Side 10 - A natural watercourse is a natural stream, flowing in a defined bed or channel, with banks and sides, having permanent sources of supply.
Side 18 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.

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