Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 2
... of the soil ; for it is against the nature of this word common , and it was implied
in the first grant , that the owner of the soil should take his reasonable profit there
, as it hath been adjudged . But a man may prescribe or allege a custom to have ...
... of the soil ; for it is against the nature of this word common , and it was implied
in the first grant , that the owner of the soil should take his reasonable profit there
, as it hath been adjudged . But a man may prescribe or allege a custom to have ...
Page 6
... and time whereof , & c . , hath been such a custom : that every inhabitant within
any ancient message within the said vill , by reason of his commorancy therein ,
hath had common in the place where , for all his great beasts , at all times of the ...
... and time whereof , & c . , hath been such a custom : that every inhabitant within
any ancient message within the said vill , by reason of his commorancy therein ,
hath had common in the place where , for all his great beasts , at all times of the ...
Page 7
... house is said to be an inhabitant , and to have the benefit of the common ;
which would be inconvenient . Wherefore they all resolved , that such a custom
alleged by way of usage ( not otherwise ) is not good ; and adjudged it for the
plaintiff .
... house is said to be an inhabitant , and to have the benefit of the common ;
which would be inconvenient . Wherefore they all resolved , that such a custom
alleged by way of usage ( not otherwise ) is not good ; and adjudged it for the
plaintiff .
Page 10
The defendants justify under an immemorial custom in the said township for all
the inhabitants for the time being in the said township to have the liberty and
privilege to have and take water from a certain well or spring of water in the said
close ...
The defendants justify under an immemorial custom in the said township for all
the inhabitants for the time being in the said township to have the liberty and
privilege to have and take water from a certain well or spring of water in the said
close ...
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 ...
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Common terms and phrases
action adjoining agreed alleged appears apply assigns authority banks belonging benefit bound building built called carried cause claim close common consideration considered continued conveyance conveyed course court covenant custom damages decided decision deed defendant defendant's direction easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact flow give given grant ground heirs held highway injury interest judge judgment jury Justice land license Lord maintain manner means mentioned mill natural necessary neighbor nuisance obstruction occupier opinion ordinary owner particular party pass passage person plaintiff plea possession premises prescription present principle proper proprietor proved purchased question reasonable reference repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall watercourse whole
Bibliographic information
| Title | Select Cases and Other Authorities on the Law of Property, Volume 2 Issues 10206-10259 of 19th-century legal treatises Select Cases and Other Authorities on the Law of Property, John Chipman Gray |
| Author | John Chipman Gray |
| Publisher | C. W. Sever, 1889 |
| Original from | Harvard University |
| Digitized | 13 Feb 2009 |
| Export Citation | BiBTeX EndNote RefMan |