Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 35
... for the purpose of working and permanently continuing to work the same in the
manner thereinafter mentioned , and then wrongfully and unjustly made and
caused to be made and continued therein and thereon divers large and injurious
...
... for the purpose of working and permanently continuing to work the same in the
manner thereinafter mentioned , and then wrongfully and unjustly made and
caused to be made and continued therein and thereon divers large and injurious
...
Page 52
The declaration alleged that , “ the defendants erected , used , and continued to
use , certain smelting works upon land near to the said dwelling - house and
lands of the plaintiff , and caused large quantities of poxious gases , vapors , and
...
The declaration alleged that , “ the defendants erected , used , and continued to
use , certain smelting works upon land near to the said dwelling - house and
lands of the plaintiff , and caused large quantities of poxious gases , vapors , and
...
Page 83
proved to my satisfaction that more than sixty yards is required , that is , more
than fifteen yards from the boundary . fact , continued : - ) I now come to a point of
very great difficulty indeed , on which the evidence is in a very singular condition .
proved to my satisfaction that more than sixty yards is required , that is , more
than fifteen yards from the boundary . fact , continued : - ) I now come to a point of
very great difficulty indeed , on which the evidence is in a very singular condition .
Page 92
The defendants in 1811 took a deed of the adjoining land from the town , and
began to dig and remove the earth therefrom , and , though notified by the plaintiff
that his house was endangered , continued to do so to the depth of forty - five feet
...
The defendants in 1811 took a deed of the adjoining land from the town , and
began to dig and remove the earth therefrom , and , though notified by the plaintiff
that his house was endangered , continued to do so to the depth of forty - five feet
...
Page 101
... then being in and across the said stream , higher in the said stream than the
lands and premises of the plaintiff , and kept and continued the said first -
mentioned pent - stock , dam , or floodgate so erected and made , and the said
other pent ...
... then being in and across the said stream , higher in the said stream than the
lands and premises of the plaintiff , and kept and continued the said first -
mentioned pent - stock , dam , or floodgate so erected and made , and the said
other pent ...
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Common terms and phrases
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