Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 17
There , there was a prescription very nearly to the effect of that claimed here ; but
I think the distinction which I pointed out in the course of the argument was one
that is fully justified by our law : It was a claim to have the pasture by one of the ...
There , there was a prescription very nearly to the effect of that claimed here ; but
I think the distinction which I pointed out in the course of the argument was one
that is fully justified by our law : It was a claim to have the pasture by one of the ...
Page 20
I think all the pleas are bad . BYLES , J . I am of the same opinion . Mr . Prideaux '
s best plea , as it seems to me , is a plea of a lost grant , and that may be
considered in this stage of the discussion as an existing grant ; and the effect of it
is ...
I think all the pleas are bad . BYLES , J . I am of the same opinion . Mr . Prideaux '
s best plea , as it seems to me , is a plea of a lost grant , and that may be
considered in this stage of the discussion as an existing grant ; and the effect of it
is ...
Page 26
The effect of the grant in the deed of partition is to create a right of common for
sea - weed , gravel and stone , in favor of the north farm set off to Joseph , and as
appurtenant thereto , to be exercised on the shore of the estate set off to Nicholas
...
The effect of the grant in the deed of partition is to create a right of common for
sea - weed , gravel and stone , in favor of the north farm set off to Joseph , and as
appurtenant thereto , to be exercised on the shore of the estate set off to Nicholas
...
Page 27
The defendant ' s counsel claims that the effect of the conveyance of the thirty
acres portion of the dominant estate is the extinguishment of the whole common .
The first question here raised is whether this right of common was divisible , and
...
The defendant ' s counsel claims that the effect of the conveyance of the thirty
acres portion of the dominant estate is the extinguishment of the whole common .
The first question here raised is whether this right of common was divisible , and
...
Page 28
And the rule deducible from all the cases is , as before stated , that if the effect of
the conveyance is to surcharge the common , and burden to a greater extent the
servient estate , it shall extinguish ; if otherwise , there shall be an apportionment
...
And the rule deducible from all the cases is , as before stated , that if the effect of
the conveyance is to surcharge the common , and burden to a greater extent the
servient estate , it shall extinguish ; if otherwise , there shall be an apportionment
...
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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 follows 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