Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 6
Upon a special verdict the case was , A man prescribes to have common
appurtenant to the manor of B . for all his beasts levant and couchant upon it : he
grants this common to A . Whether this grant were good or no ? was the question
.
Upon a special verdict the case was , A man prescribes to have common
appurtenant to the manor of B . for all his beasts levant and couchant upon it : he
grants this common to A . Whether this grant were good or no ? was the question
.
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 ...
Page 40
It was moved upon two grounds , — first , that the verdict was against the
evidence ; secondly , for misdirection . As to the first ground , there was evidence
on both sides of an extremely conflicting character : but the question was one
especially ...
It was moved upon two grounds , — first , that the verdict was against the
evidence ; secondly , for misdirection . As to the first ground , there was evidence
on both sides of an extremely conflicting character : but the question was one
especially ...
Page 43
Upon the second count , a verdict was by arrangement entered for the plaintiff ,
with 18 . damages , but no question arose on that count . In the following
Michaelmas term , Petersdorff , Serjt . , moved for a rule calling upon the
defendant to ...
Upon the second count , a verdict was by arrangement entered for the plaintiff ,
with 18 . damages , but no question arose on that count . In the following
Michaelmas term , Petersdorff , Serjt . , moved for a rule calling upon the
defendant to ...
Page 46
Barlow was well decided . We are , however , of opinion that the decision in that
case was wrong , and , consequently , that the direction of the Lord Chief Justice ,
which was founded on it , was erroneous , that the verdict for the defendant ...
Barlow was well decided . We are , however , of opinion that the decision in that
case was wrong , and , consequently , that the direction of the Lord Chief Justice ,
which was founded on it , was erroneous , that the verdict for the defendant ...
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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