Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 19
... it is quite clear to my mind that nothing has passed affecting the right of
prescription , and the fourth and fifth pleas are invalid . With respect to the sixth
plea , that falls under the same principle as the third . It speaks of an express
BAILEY 2 .
... it is quite clear to my mind that nothing has passed affecting the right of
prescription , and the fourth and fifth pleas are invalid . With respect to the sixth
plea , that falls under the same principle as the third . It speaks of an express
BAILEY 2 .
Page 29
He then deduces the general rule , and says the governing principle is , that
injustice shall not be done to the servient estate ; and if it shall be found that
Henry Livingston purchased part of the Vosburg farm ( which was the dominant
estate ...
He then deduces the general rule , and says the governing principle is , that
injustice shall not be done to the servient estate ; and if it shall be found that
Henry Livingston purchased part of the Vosburg farm ( which was the dominant
estate ...
Page 42
... and the question was whether , under the circumstances so proved , an action
could be maintained in respect of such annoyance . The Lord Chief Justice
intimated that the case came within the principle laid down in Hole v . Barlow , 4
C . B ...
... and the question was whether , under the circumstances so proved , an action
could be maintained in respect of such annoyance . The Lord Chief Justice
intimated that the case came within the principle laid down in Hole v . Barlow , 4
C . B ...
Page 49
Nor can these cases be got rid of as extreme cases , because such cases
properly test a principle . Nor can it be said that the jury settle such questions by
finding there is no nuisance , though there is . For that is to suppose they violate
their ...
Nor can these cases be got rid of as extreme cases , because such cases
properly test a principle . Nor can it be said that the jury settle such questions by
finding there is no nuisance , though there is . For that is to suppose they violate
their ...
Page 50
I am aware that case did not decide so much , but I have a difficulty , for the
reasons I have mentioned , in saying that what has been so contended for does
not follow from the principles enunciated in that case . If we look to analogous
cases I ...
I am aware that case did not decide so much , but I have a difficulty , for the
reasons I have mentioned , in saying that what has been so contended for does
not follow from the principles enunciated in that case . If we look to analogous
cases I ...
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