Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 10
The plaintiff demurs : and it has been argued before us that the plea is bad ,
because it claims a right for all the inhabitants of the township to take a profit à
prendre in ... But we are of opinion that no such right is claimed by the alleged
custom .
The plaintiff demurs : and it has been argued before us that the plea is bad ,
because it claims a right for all the inhabitants of the township to take a profit à
prendre in ... But we are of opinion that no such right is claimed by the alleged
custom .
Page 11
A right to take these by custom , claimed by all the inhabitants of a district , would
clearly be bad ; for they all come under the category of profit à prendre , being
part of the soil or the produce of the soil ; and such a claim , which might leave ...
A right to take these by custom , claimed by all the inhabitants of a district , would
clearly be bad ; for they all come under the category of profit à prendre , being
part of the soil or the produce of the soil ; and such a claim , which might leave ...
Page 12
The first count of the declaration claimed a right in the plaintiff , as occupier of an
ancient inessuage within the parish of St . Ives , to wash and water his cattle in a
certain pond , and also to take and use the water of the said pond for domestic ...
The first count of the declaration claimed a right in the plaintiff , as occupier of an
ancient inessuage within the parish of St . Ives , to wash and water his cattle in a
certain pond , and also to take and use the water of the said pond for domestic ...
Page 13
But no such consequence will follow from the customary easement claimed in the
present case ; and it does not interfere with the ordinary uses of the plaintiff ' s
close so much as the custom would which was held to be valid in Tyson v .
But no such consequence will follow from the customary easement claimed in the
present case ; and it does not interfere with the ordinary uses of the plaintiff ' s
close so much as the custom would which was held to be valid in Tyson v .
Page 16
The plaintiff demurred to the third , fourth , fifth , and sixth pleas , the ground of
demurrer stated in the margin being , “ that the plea shows no defence to the
action , and claims too large a right . ” Joinder . Montague Smith , Q . C . ( with
whom ...
The plaintiff demurred to the third , fourth , fifth , and sixth pleas , the ground of
demurrer stated in the margin being , “ that the plea shows no defence to the
action , and claims too large a right . ” Joinder . Montague Smith , Q . C . ( with
whom ...
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acquired action adjoining agreed agreement alleged appears applied assigns authority belonging benefit bound building built called carried cause claimed close common consideration considered continued conveyed court covenant custom damages decided decision deed defendant defendant's easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact fence flow give given grant grantor ground heirs held highway injury intended interest judge judgment jury Justice land license light Lord maintain manner means mentioned mill nature necessary obstruction occupiers opinion owner party pass passage person plaintiff plea possession premises prescription present principle proprietor proved purchased question reasonable referred remove repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall whole