Select Cases and Other Authorities on the Law of Property, Volume 2C. W. Sever, 1889 - Personal property |
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Page 27
... fact effect of the conveyance is to surcharge the servient estate , it shall not only not be apportioned , but shall become extinct for the whole . And for the same reason it is , that a release of a portion of the ser- vient estate or ...
... fact effect of the conveyance is to surcharge the servient estate , it shall not only not be apportioned , but shall become extinct for the whole . And for the same reason it is , that a release of a portion of the ser- vient estate or ...
Page 43
... facts was stated , and concluded as follows : " If the court should be of opinion that , upon the facts as stated , the ruling of the Lord Chief Justice , founded upon the decision of Hole v . Barlow , was erroneous , the verdict found ...
... facts was stated , and concluded as follows : " If the court should be of opinion that , upon the facts as stated , the ruling of the Lord Chief Justice , founded upon the decision of Hole v . Barlow , was erroneous , the verdict found ...
Page 47
... fact with reference to all the circum- stances of the case . Most certainly in my judgment it cannot be laid down as a legal proposition or doctrine , that anything which , under any circumstances , lessens the comfort or endangers the ...
... fact with reference to all the circum- stances of the case . Most certainly in my judgment it cannot be laid down as a legal proposition or doctrine , that anything which , under any circumstances , lessens the comfort or endangers the ...
Page 52
... fact that the defendants ' works existed before the plaintiff bought the prop- erty was also relied on . The learned judge told the jury that an actionable injury was one producing sensible discomfort ; that every man , unless enjoying ...
... fact that the defendants ' works existed before the plaintiff bought the prop- erty was also relied on . The learned judge told the jury that an actionable injury was one producing sensible discomfort ; that every man , unless enjoying ...
Page 56
... fact , was most correctly pointed out by Mr. Justice Mellor , and I do not think he could possibly have stated the law , either abstractedly or with reference to the facts , better than he has done in this case . LORD WENSLEYDALE . My ...
... fact , was most correctly pointed out by Mr. Justice Mellor , and I do not think he could possibly have stated the law , either abstractedly or with reference to the facts , better than he has done in this case . LORD WENSLEYDALE . My ...
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Common terms and phrases
action of debt aforesaid agreement alleged appears appurtenant assumpsit attornment authority benefit building cause claim close common law contract conveyance conveyed court covenant damages declaration deed defendant defendant's demised premises demurrer easement enjoyment entered entitled erected eviction evidence executors facts fee simple fendant feoffment ferry flow grant grantor ground heirs and assigns held highway indenture injury judge judgment jury Justice landlord lease lessee lessor license locus in quo Lord maintain manor messuage mill Moxhay natural Nicholas Taylor nuisance obstruction occupied opinion owner party wall pass passage person Peter Paige plaintiff plea pleaded possession prescription present principle privity privity of contract proprietor purchase purpose question railroad reason rent rent service repair Reported reversion riparian river River Wandle road rule seised servient soil Statute stream street tenant tenement term thereof tion trespass trial verdict watercourse