Select Cases and Other Authorities on the Law of Property, Volume 2C. W. Sever, 1889 - Personal property |
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Page 19
... fact of his being in possession does not show that . Therefore , notwith- standing the learned discussions that have taken place as to whether the right of an easement in gross may be pleaded in the form given under the Prescription Act ...
... fact of his being in possession does not show that . Therefore , notwith- standing the learned discussions that have taken place as to whether the right of an easement in gross may be pleaded in the form given under the Prescription Act ...
Page 43
... facts was stated , and concluded as follows : 66 -- If the court should be of opinion that , upon the facts as stated , the ruling of the Lord Chief Justice , founded upon the decision of Hole v . Barlow , was erroneous , the verdict ...
... facts was stated , and concluded as follows : 66 -- If the court should be of opinion that , upon the facts as stated , the ruling of the Lord Chief Justice , founded upon the decision of Hole v . Barlow , was erroneous , the verdict ...
Page 47
... fact with reference to all the circum- stances of the case . Most certainly in my judgment it cannot be laid down as a legal proposition or doctrine , that anything which , under any circumstances , lessens the comfort or endangers the ...
... fact with reference to all the circum- stances of the case . Most certainly in my judgment it cannot be laid down as a legal proposition or doctrine , that anything which , under any circumstances , lessens the comfort or endangers the ...
Page 48
... fact , the act of the defendant is a nuisance such that it would be actionable if done wantonly or maliciously . The plaintiff , then , has a prima facie case . The defend- ant has infringed the maxim Sic utere tuo ut alienum non lædas ...
... fact , the act of the defendant is a nuisance such that it would be actionable if done wantonly or maliciously . The plaintiff , then , has a prima facie case . The defend- ant has infringed the maxim Sic utere tuo ut alienum non lædas ...
Page 52
... fact that the defendants ' works existed before the plaintiff bought the prop- erty was also relied on . The learned judge told the jury that an actionable injury was one producing sensible discomfort ; that every man , unless enjoying ...
... fact that the defendants ' works existed before the plaintiff bought the prop- erty was also relied on . The learned judge told the jury that an actionable injury was one producing sensible discomfort ; that every man , unless enjoying ...
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Common terms and phrases
action of debt adjoining aforesaid agreement alleged appears appurtenant assumpsit attornment authority benefit building cause claim close common law contract conveyance conveyed court covenant damages declaration deed defendant defendant's demised premises demurrer easement enjoyment entered entitled erected eviction evidence executors facts fee simple fendant feoffment ferry flow grant grantor ground heirs and assigns held highway indenture injury judge judgment jury Justice landlord lease lessee lessor license locus in quo Lord manor messuage mill Moxhay natural Nicholas Taylor nuisance obstruction occupied opinion owner party wall pass passage person Peter Paige plaintiff plea pleaded possession prescription present principle privity privity of contract proprietor purchase purpose question railroad reason rent rent service repair Reported reversion riparian river River Wandle road rule seised servient soil Statute stream street tenant tenement term thereof tion trespass trial verdict watercourse