Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 28
... it might support the ground which the counsel assumes . But taken with its
connection , it is evident that it was not applied , or intended to apply , to such a
case as is now before us . The same rule exists in relation to rent - charge , which
is ...
... it might support the ground which the counsel assumes . But taken with its
connection , it is evident that it was not applied , or intended to apply , to such a
case as is now before us . The same rule exists in relation to rent - charge , which
is ...
Page 31
... for though such common may be apportioned , it could not be severed from the
estate and granted over , Drury v . Kent , Cro . J . 15 , and , because it could not
be severed , the plaintiff could not retain it to himself . If it exist at all , it must exist
...
... for though such common may be apportioned , it could not be severed from the
estate and granted over , Drury v . Kent , Cro . J . 15 , and , because it could not
be severed , the plaintiff could not retain it to himself . If it exist at all , it must exist
...
Page 43
... other facts which the jury must be taken to have found to exist . On the part of
the defendant it was said that the true point was , whether , under all the
circumstances of the case , the burning of the bricks amounted to an actionable
nuisance .
... other facts which the jury must be taken to have found to exist . On the part of
the defendant it was said that the true point was , whether , under all the
circumstances of the case , the burning of the bricks amounted to an actionable
nuisance .
Page 64
To require this extraordinary relief , the injury v complained of must actually exist ,
or the danger must appear to be certain and immediate , and not depending on
any contingency . We think it therefore very manifest , that these owners of ...
To require this extraordinary relief , the injury v complained of must actually exist ,
or the danger must appear to be certain and immediate , and not depending on
any contingency . We think it therefore very manifest , that these owners of ...
Page 67
If the easement ich the plaintiff claims exists , it does not arise from any special
sunt or reservation , but is of common right , created by the law , so wat we are
bound to take notice of its existence . In pleading , it is enough to state the facts
from ...
If the easement ich the plaintiff claims exists , it does not arise from any special
sunt or reservation , but is of common right , created by the law , so wat we are
bound to take notice of its existence . In pleading , it is enough to state the facts
from ...
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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