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" ... 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... "
The Lancaster Law Review - Side 185
1906
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Commentaries on American Law, Volum 3

James Kent - 1828 - 432 sider
...the water which flows in the stream adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has...enjoyment; He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere^ is the language of the law. Though...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 29

New Jersey. Court of Chancery - 1878 - 738 sider
...right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has...use the water to the prejudice of other proprietors Acquackanonk Water Co. v. Watson. above or below him, unless he has a prior right to divert it or a...
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Commentaries on American Law, Volum 3

James Kent - 1832 - 536 sider
...lands, as it was wont to run, (currere solebat,) without diminution or alteration. No proprietor ha» a right to use the water, to the prejudice of other proprietors, abo,re or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment....
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A Practical Abridgment of American Common Law Cases Argued and ..., Volum 8

Jacob D. Wheeler - 1836 - 624 sider
...RICHARDS, 13 Mass. Rep. 420. No person has a right to use a stream of water to the prejudice ^rp0r°far,' j of other proprietors above or below him, unless he has a prior may use right to divert it, or to an exclusive enjoyment. He may use |.Uo*nger the water running over...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 sider
...the water which flows in the stream adjacent to his lands, as it was wont to run (currere solebat). without diminution or alteration. No proprietor has...other proprietors, above or below him, unless he has ¡i prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - 1840 - 294 sider
...itself ; — but a simple use of it, while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another." "This," adds the same high authority, " is the necessary result of the perfect equality of...
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The Law Times, Volum 17

1831 - 600 sider
...the water which flows in the stream adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has...the prejudice of other proprietors, above or below, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property...
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A Treatise on the Law of Landlord and Tenant, as ..., Bok 90,Volum 1

John Smith Furlong - 1845 - 830 sider
...the water(a) flowing adjacent to his property, as it was accustomed to run in its natural channel, without diminution or alteration : no proprietor has...water to the prejudice of other proprietors above or helow him, unless he has a prior right to divert it, or a title to some exclusive enjoyment : he has...
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Reports of Cases Determined in the Court of Chancery of the State ..., Volum 3

New Jersey. Court of Chancery - 1846 - 688 sider
...lands, as it was wont to run, without diminution or alter, ation. Shreve v. Voorheti, 25 2. He has no right to use the water to the prejudice of other proprietors above or below him. He may use it while it runs over his land, but cannot unreasonably detain it, or give it another direction....
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 4

Georgia. Supreme Court - 1848 - 702 sider
...the water which flows in the stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has...enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et dehct currere, is the language of the law. Without...
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