A Treatise on the Common Law, in Relation to Water Courses: Intended More Particularly as an Illustration of the Rights and Duties of the Owners and Occupants of Water Privileges : to which is Added an Appendix, Containing the Principal Adjudged Cases
Wells and Lilly, 1824 - 350 sider
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A Treatise on the Common Law in Relation to Water-Courses
Joseph Kinnicut Angell
Ingen forhåndsvisning tilgjengelig - 2019
acquired action adjoining afterwards alleged alteration ancient appeared applied authority banks belonging brought build called cause channel claimed close common law complained consequence considered continued course court damages deed Defendant Defendant's diverted easement effect enjoyed enjoyment entitled erected evidence exclusive exercise extend fact fish fishery flow former give given grant ground held injury interest issue judge judgment jury Justice land limitation Lord manner meadow means mentioned mill natural navigable necessary nuisance objection obstruction occupied opinion owner particular party pass penstock person Plaintiff plea pleaded possession prescription present principle privilege proprietor proved quantity question raised reason reference remedy respect river rule says shew side soil statute stopped stream sufficient sustained taken tenant term thing tion trespass trial twenty verdict watercourse weir whole witness
Side 224 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Side 46 - Esq. was seised in his demesne as of fee, of and in the said close in which, &c. and of and in another close called the Twenty Acres, adjoining thereto, and situate in the said parish of St.
Side x - All the rivers run into the sea; yet the sea is not full; unto the place from whence the rivers come, thither they return again.
Side 95 - In rivers not navigable, the proprietors of the land have the right of fishery on their respective sides ; and it generally extends ad filum medium aquce.
Side 4 - ... and to order and determine what he should think fit to be done by the parties respecting the matters in dispute.
Side 222 - This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit.
Side 166 - ... this occupancy must be regulated and guarded, with a view to the individual rights of all who...
Side 78 - whensoever from thenceforth in " one case a writ shall be found in the chancery, and in a " like case falling under the same right and requiring like " remedy no precedent of a writ can be produced, the clerks " in chancery shall agree in forming a new one; and, if " they cannot agree, it shall be adjourned to the...
Side 46 - ... will not of itself raise against the owner the presumption of a grant. When lapse of time is said to afford such a presumption, the inference is also drawn from accompanying facts ; and here, where there is no direct evidence whether or not the owner of the land had any knowledge of what passed, the inference to be drawn must, in a peculiar degree, depend on the nature of the accompanying facts ; and the presumption in favour of a grant will be more or less probable, as it may be more or less...