Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 17
The case of Ackroyd V . Smith , 10 C . B . 164 , cited for the plaintiff ' , is strong to
show that the owner of the dominant tenement cannot claim , as appurtenant to
mat tenement , a profit wholly unconnected with the enjoyment of the right of ...
The case of Ackroyd V . Smith , 10 C . B . 164 , cited for the plaintiff ' , is strong to
show that the owner of the dominant tenement cannot claim , as appurtenant to
mat tenement , a profit wholly unconnected with the enjoyment of the right of ...
Page 19
... been pointed out already , the claim is by custom , prescription , or grant ; and
there is no doubt that a right could not be acquired under that Act , by twenty ,
thirty , or sixty years ' enJoyment , according as it might be , whether an easement
or ...
... been pointed out already , the claim is by custom , prescription , or grant ; and
there is no doubt that a right could not be acquired under that Act , by twenty ,
thirty , or sixty years ' enJoyment , according as it might be , whether an easement
or ...
Page 26
There passed also , as incident to this grant , a right of passing and repassing to
and from the shore over the land of Nicholas , in some convenient place for the
purpose of taking the profit . This was necessary to the enjoyment of the right of ...
There passed also , as incident to this grant , a right of passing and repassing to
and from the shore over the land of Nicholas , in some convenient place for the
purpose of taking the profit . This was necessary to the enjoyment of the right of ...
Page 31
... the residue of the common apportionable to the nineteen and three quarters
acres , and that so much passed by Armstrong ' s deed of July 4th , 1835 , to the
plaintill , with a right of way as incident to it and necessary to the enjoyment .
... the residue of the common apportionable to the nineteen and three quarters
acres , and that so much passed by Armstrong ' s deed of July 4th , 1835 , to the
plaintill , with a right of way as incident to it and necessary to the enjoyment .
Page 38
If you are satisfied from the evidence that the enjoyment of the plaintiff ' s house
was rendered uncomfortable through the instrumentality of the defendant , that is
sufficient to entitle the plaintiff to maintain this action . But that is subject to this ...
If you are satisfied from the evidence that the enjoyment of the plaintiff ' s house
was rendered uncomfortable through the instrumentality of the defendant , that is
sufficient to entitle the plaintiff to maintain this action . But that is subject to this ...
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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