Select Cases and Other Authorities on the Law of Property, Volume 2C. W. Sever, 1888 - Personal property |
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Page 64
... Rail Road Co. , 1 Bald . 231 ; 2 Story on Eq . § 925 . On this ground the defendant's counsel contends that the bill must be dismissed , and that by the rules of pleading and practice in courts of equity , it cannot , at this stage of ...
... Rail Road Co. , 1 Bald . 231 ; 2 Story on Eq . § 925 . On this ground the defendant's counsel contends that the bill must be dismissed , and that by the rules of pleading and practice in courts of equity , it cannot , at this stage of ...
Page 95
... Railroad , 25 Vt . 465 ; Beard v . Murphy , 37 Vt . 99 , 102 ; Shrieve v . Stokes , 8 B. Mon. 453 ; Charless v . Rankin , 22 Mo. 566 . It is difficult to see how the owner of a house can acquire by prescrip- tion a right to have it ...
... Railroad , 25 Vt . 465 ; Beard v . Murphy , 37 Vt . 99 , 102 ; Shrieve v . Stokes , 8 B. Mon. 453 ; Charless v . Rankin , 22 Mo. 566 . It is difficult to see how the owner of a house can acquire by prescrip- tion a right to have it ...
Page 96
... Railroad , 25 Vt . 465 , 471 ; Humphries v . Brogden , 12 Q. B. 739 . The fact that the defendant was not the owner of the adjoining land affords him no exemption . It was never considered necessary , in an action of this kind , to ...
... Railroad , 25 Vt . 465 , 471 ; Humphries v . Brogden , 12 Q. B. 739 . The fact that the defendant was not the owner of the adjoining land affords him no exemption . It was never considered necessary , in an action of this kind , to ...
Page 116
... railroad company whose track crossed a stream , and which was a riparian proprietor , could take water from the stream for its locomotive engines . 2 This statement is substituted for that in the report . Action for divuiting water from ...
... railroad company whose track crossed a stream , and which was a riparian proprietor , could take water from the stream for its locomotive engines . 2 This statement is substituted for that in the report . Action for divuiting water from ...
Page 145
... RAILROAD COMPANY . SUPREME JUDICIAL COURT OF MASSACHUSETTS . [ Reported 10 Cush . 191. ] land farthe 1852. up & perhaps at the head of 7 THIS action was tried in this court , at the October Term , 1849 , before the sham Metcalf , J ...
... RAILROAD COMPANY . SUPREME JUDICIAL COURT OF MASSACHUSETTS . [ Reported 10 Cush . 191. ] land farthe 1852. up & perhaps at the head of 7 THIS action was tried in this court , at the October Term , 1849 , before the sham Metcalf , J ...
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Common terms and phrases
action of debt aforesaid agreement alleged appears appurtenant assumpsit attornment authority benefit building cause claim close common law contract conveyance conveyed court covenant damages declaration deed defendant defendant's demised premises demurrer Dift easement enjoyment entered entitled erected eviction evidence executors fact fee simple fendant feoffment ferry flow grant grantor ground heirs and assigns held highway indenture injury judge judgment jury Justice landlord lease lessee lessor license locus in quo Lord manor ment messuage mill Moxhay natural Nicholas Taylor nuisance obstruction occupied opinion owner party wall pass passage person Peter Paige plaintiff plea pleaded possession prescription present principle privity privity of contract proprietor purchase purpose question railroad reason rent rent service repair Reported reversion riparian river River Wandle road rule seised soil Statute stream street tenant tenement term thereof tion trespass trial verdict watercourse
Popular passages
Page 713 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 77 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside, and...
Page 74 - Les fonds inférieurs sont assujettis envers ceux qui sont plus élevés, à recevoir les eaux qui en découlent naturellement sans que la main de l'homme y ait contribué. Le propriétaire inférieur ne peut point élever de digue qui empêche cet écoulement. Le propriétaire supérieur ne peut rien faire qui aggrave la servitude du fonds inférieur.
Page 116 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 768 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 435 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining...
Page 214 - It is hereby agreed and declared by and between the said parties hereto that the...
Page 676 - Act, it shall and may be lawful for any Person or Persons, having any Rent in arrear or due upon any Lease for Life, or Lives, or for Years, or at Will, ended or determined, to distrain for such Arrears after the Determination of the said respective Leases, in the same Manner as they might have done, if such Lease or Leases had not been ended or determined...
Page 128 - I take it, that 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.
Page 479 - ... shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.