Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 13
But no such consequence will follow from the customary easement claimed in the
present case ; and it does not interfere with the ordinary uses of the plaintiff ' s
close so much as the custom would which was held to be valid in Tyson v .
But no such consequence will follow from the customary easement claimed in the
present case ; and it does not interfere with the ordinary uses of the plaintiff ' s
close so much as the custom would which was held to be valid in Tyson v .
Page 17
But that does not bear upon the present case , because this is a claim by the
owners or occupiers of the defendant ' s close to cut down the trees on the
plaintiff ' s land , and to sell and dispose of them at pleasure , wholly irrespective
of the ...
But that does not bear upon the present case , because this is a claim by the
owners or occupiers of the defendant ' s close to cut down the trees on the
plaintiff ' s land , and to sell and dispose of them at pleasure , wholly irrespective
of the ...
Page 21
In consideration of which " grant , as aforesaid , the party of the second part
hereby covenants and agrees for Iself and his heirs and assigns to furnish and
deliver to the party of the first part ( so 3 as he shall continue to occupy his
present ...
In consideration of which " grant , as aforesaid , the party of the second part
hereby covenants and agrees for Iself and his heirs and assigns to furnish and
deliver to the party of the first part ( so 3 as he shall continue to occupy his
present ...
Page 27
But the right , being measured by the uses of the estate , cannot be severed from
the estate and granted over . Drury v . Kent , Cro . J . 15 . he right in the present
case is of the same nature . It is intended the use of the estate and for every acre
...
But the right , being measured by the uses of the estate , cannot be severed from
the estate and granted over . Drury v . Kent , Cro . J . 15 . he right in the present
case is of the same nature . It is intended the use of the estate and for every acre
...
Page 35
... and the plaintiff would be unable to let the same , or to turn the same to any
beneficial or profitable account , and the same had become and were thereby
greatly deteriorated in value , and the present market price thereof was thereby
greatly ...
... and the plaintiff would be unable to let the same , or to turn the same to any
beneficial or profitable account , and the same had become and were thereby
greatly deteriorated in value , and the present market price thereof was thereby
greatly ...
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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