Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 177
Upon consideration of the ques . tion , we are of opinion that the rule stated by
Denio , Ch . J . , in Goodale v . Tuttle , is the one best adapted to our condition ,
and accords with public policy , while at the same time it does not deprive the
owner ...
Upon consideration of the ques . tion , we are of opinion that the rule stated by
Denio , Ch . J . , in Goodale v . Tuttle , is the one best adapted to our condition ,
and accords with public policy , while at the same time it does not deprive the
owner ...
Page 212
... and also whether it was the common property of both as tenants in common ,
yet that the foreman of the jury when he returned the verdict did not in express
terms answer the ques . tion put to them by the learned judge , but said that the
jury ...
... and also whether it was the common property of both as tenants in common ,
yet that the foreman of the jury when he returned the verdict did not in express
terms answer the ques . tion put to them by the learned judge , but said that the
jury ...
Page 216
[ Reported 4 Sandf . S . C . 480 . ] This was a bill in equity , filed in the Supreme
Court , from whence the cause was transferred to this court . An answer was put
in , a replica . lies 72 tion filed , and evidence was introduced at 216 SHERRED V
...
[ Reported 4 Sandf . S . C . 480 . ] This was a bill in equity , filed in the Supreme
Court , from whence the cause was transferred to this court . An answer was put
in , a replica . lies 72 tion filed , and evidence was introduced at 216 SHERRED V
...
Page 217
lies 72 tion filed , and evidence was introduced at the hearing of the cause . The
facts disclosed by the pleadings and proofs were as follows . For several years
prior to 1845 , the complainant , Sarah Sherred , was seised in fee of a lot known
...
lies 72 tion filed , and evidence was introduced at the hearing of the cause . The
facts disclosed by the pleadings and proofs were as follows . For several years
prior to 1845 , the complainant , Sarah Sherred , was seised in fee of a lot known
...
Page 228
... which were almost always unmeaning , and sometimes contained a reference
to easements which had been extinguished . The defendant had denied that this
ditch was the cesspool in ques . tion , but in that on the evidence he had failed .
... which were almost always unmeaning , and sometimes contained a reference
to easements which had been extinguished . The defendant had denied that this
ditch was the cesspool in ques . tion , but in that on the evidence he had failed .
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action adjoining agreed alleged appears apply assigns authority banks belonging benefit bound building built called carried cause claim close common consideration considered continued conveyance conveyed course court covenant custom damages decided decision deed defendant defendant's direction easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact flow give given grant ground heirs held highway injury interest judge judgment jury Justice land license Lord maintain manner means mentioned mill natural necessary neighbor nuisance obstruction occupier opinion ordinary owner particular party pass passage person plaintiff plea possession premises prescription present principle proper proprietor proved purchased question reasonable reference repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall watercourse whole