 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 768 sider
...it Hence the courts have almost universally held that twenty years exclusive enjoyment of water in any particular manner affords a conclusive presumption of right in the party enjoying it Bealey v. Shaw, 6 East, 203 ; 3 Kent's Com. (5th ed.). 441 ; Belknap v. Trimble, 3 Paige,... | |
 | Charles Greenstreet Addison - 1876 - 832 sider
...stream subject to such adverse right. 1 take it that twenty years' exclusive enjoyment of the water in any particular manner affords a conclusive presumption...enjoying it, derived from grant or Act of Parliament "(n). And where the method of manufacture is varied, eg, by the substitution of some other mateSeavey,... | |
 | Charles Greenstreet Addison - 1876 - 874 sider
...subject to such adverse Tight. I take it that twenty years' exclusive enjoyment of the •water in any particular manner affords a conclusive presumption...enjoying it, derived from grant or Act of Parliament." («) And where the method of manufacture is varied, e. g,, by the substitution of some other material... | |
 | Clement Higgins - 1877 - 296 sider
...stream, subject to such adverse right. I take it that twenty years' exclusive enjoyment of the water in any particular manner affords a conclusive presumption...enjoying it, derived from grant or act of parliament" (rf). Title to an easement may now be acquired, not only by prescription or " lost grant," but also... | |
 | John Hoff Stewart - 1879 - 826 sider
...may exist, founded on the occupancy of another ; that twenty years' exclusive enjoyment of water, in any particular manner, affords a conclusive presumption...in the party so enjoying it, derived from grant or an act of parliament. And in Wright v. Howard, 1 Sim. & St. 203, the principle is distinctly laid down... | |
 | John Campbell Allen - 1879 - 606 sider
...twenty years exclusive enjoyment "of the water in any particular manner, affords a couclu- DAVIS. " sive presumption of right in the party so enjoying it, " derived from grant or Act of Parliament." This judgment of Lord Ellenborongh is quoted with approbation by Bayley, ,]., in Crow v. Lewis (a),... | |
 | Edward P. Weeks - 1879 - 368 sider
...early in the trial, that there could be no doubt but that twenty years' exclusive enjoyment of water in any particular manner affords a conclusive presumption of right in the party so enjoying it. Whether, by the words, ' in any particular manner,' his lordship meant to point to the right claimed... | |
 | 1882 - 1098 sider
...Bealnj v. Sliaw 2], Lord Kllenborough says: — "1 take it that 20 years' exclusive enjoyment ofwaler in any particular manner affords a conclusive presumption...enjoying it , derived from grant or Act of Parliament." This, if a correct view of the law as I believe it is, shews that the presumption is one of law and... | |
 | Virginia. Supreme Court of Appeals - 1886 - 986 sider
...Ellenborough as saying, in Beaty v. Shaw, 6 East. 208, that, " twenty gears exclusive enjoyment of water in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived either from grantor act of parliament; " and says that this doctrine, understood as Lord Ellenborough... | |
 | 1886 - 808 sider
...right, and that twenty years' exclusive enjoyment of the water, in any particular manner, affords a presumption of right in the party so enjoying it, derived from grant or act of parliament: 6 East. 214, 215. If the rules there laid down are, as I apprehend them to be, undeniable principles... | |
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Twenty years exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of Parliament. 
