Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 2
The rule now is , that such cattle only are to be holden levant and couchant upon
the enclosed land , as that land will keep during the winter . It has been argued ,
that the rule includes such as the land will keep during the whole , or any part , of
...
The rule now is , that such cattle only are to be holden levant and couchant upon
the enclosed land , as that land will keep during the winter . It has been argued ,
that the rule includes such as the land will keep during the whole , or any part , of
...
Page 27
... of the service to the several parts , the servient estate is not charged to any
greater extent than before or with more cattle . ad thie rule is that wherever the
common is admeasurable , the common Is apportionable . Tyrringham ' s Case ,
4 Co .
... of the service to the several parts , the servient estate is not charged to any
greater extent than before or with more cattle . ad thie rule is that wherever the
common is admeasurable , the common Is apportionable . Tyrringham ' s Case ,
4 Co .
Page 28
And the rule deducible from all the cases is , as before stated , that if the effect of
the conveyance is to surcharge the common , and burden to a greater extent the
servient estate , it shall extinguish ; if otherwise , there shall be an apportionment
...
And the rule deducible from all the cases is , as before stated , that if the effect of
the conveyance is to surcharge the common , and burden to a greater extent the
servient estate , it shall extinguish ; if otherwise , there shall be an apportionment
...
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 36
... but he reserved leave to the defendant to move to enter a nonsuit , if the court
should be of opinion that there was no injury to the reversion . A verdict having
been found for the plaintiff , damages 40s . , O ' Malley , Q . C . , obtained a rule
nisi ...
... but he reserved leave to the defendant to move to enter a nonsuit , if the court
should be of opinion that there was no injury to the reversion . A verdict having
been found for the plaintiff , damages 40s . , O ' Malley , Q . C . , obtained a rule
nisi ...
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Bibliographic information
| Title | Select Cases and Other Authorities on the Law of Property, Volume 2 Select Cases and Other Authorities on the Law of Property, John Chipman Gray |
| Author | John Chipman Gray |
| Publisher | C. W. Sever, 1889 |
| Original from | Harvard University |
| Digitized | 13 Feb 2009 |
| Export Citation | BiBTeX EndNote RefMan |