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" ... claim may be defeated in any other way by which the same is now liable to be defeated... "
The Principal Statutes and Rules of Court for Reform of the Administration ... - Side 75
av England, Great Britain - 1834 - 215 sider
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The Real Property Statutes Passed in the Reigns of King William IV ..., Bok 1

Leonard Shelford, Great Britain - 1863 - 926 sider
...years, be defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty...in any other way by which the same is now liable to After sixty yea«' be defeated ; and when such right, profit, or benefit shall have gM tô'bè ábso....
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volum 17

1864 - 398 sider
...messuage, &c., any user he may have enjoyed ought not to weigh against the words of the statute, " nevertheless such claim may be defeated in any other...way by which the same is now liable to be defeated." To maintain a legal right by usurpation by virtue of an act of the Legislature, is very different from...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volum 12

John Scott, Great Britain. Court of Common Pleas - 1865 - 534 sider
...years, be defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years." Lord Deninan, in giving the judgment of the Court in Clayton v. Corby, says: " It is observable that,...
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Reports of Cases Decided at Nisi Prius and at the Crown Side on ..., Volum 4

Thomas Campbell Foster, William Francis Finlason - 1867 - 1150 sider
...showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated...which the same is now liable to be defeated ; and where such way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid...
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A Treatise on Copyhold, Customary Freehold & Ancient Demesne Tenure: With ...

John Scriven (serjeant at law.) - 1867 - 686 sider
...far from sanctioning an unreasonable custom, the first section of the act expressly provides that " such claim may be defeated in any other way by which the same is now liable to be defeated." A prescription or custom to work mines under any messuages and lands parcel of the manor, and for the...
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Six Essays on Commons Preservation: Written in Competition for Prizes ...

Sir Henry William Peek - 1867 - 468 sider
...defeated after an enjoyment for thirty years, by showing only that such profit or benefit was first taken or enjoyed at any time prior to such period of thirty years. The statute nevertheless left such a claim liable to be defeated in any other way by which it might...
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The Law of Limitation as to Real Property: Including that of the Crown and ...

William Brown - 1869 - 900 sider
...years, is not to be defeated or destroyed by merely showing the commencement prior to that period, but may be defeated in any other way by which the same is liable to be defeated ; but when taken and enjoyed for —indefeasible the full period of forty years,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volum 104

Great Britain. Courts - 1870 - 540 sider
...years, br defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years." Lord Denman, in giving the judgment of the Court in Clayton v. Corby, says : " It is observable that,...
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Elements of Law: Considered with Reference to Principles of General ...

William Markby - 1871 - 296 sider
...showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless, such claim may be defeated...same is now liable to be defeated ; and when such way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid for the...
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Collieries and Colliers: A Handbook of the Law and Leading Cases Relating ...

John Coke Fowler - 1872 - 512 sider
...period of thirty years, be defeated by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years. Nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated....
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