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Books Books 1 - 10 of 122 on Though he may use the water while it runs over his land, he cannot unreasonably detain....
" Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot... "
The practice of the law in all its departments: with a view of rights ... - Page 188
by Joseph Chitty - 1833
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Commentaries on American law, Volume 3

James Kent - 1826-1830 - 1828
...channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water, which would otherwise...nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it.* This a Matts...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

New Jersey. Court of Chancery - Law reports, digests, etc - 1878
...channel when it leaves his estate ; without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water which would otherwise...nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it. The owner must...
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The Practice of Conveyancing: Comprising Every Usual Deed ..., Volume 3

James Stewart - Conveyancing - 1831
...Resbridger, 2 Vern. (c) 6 East. 215. 390. (d) Balston v. Bensted, I Camp. (6) Pree. Cha. 530. 468. prejudice of any other proprietor. Without the consent...the proprietors above. Every proprietor who claims to be entitled to throw the water back above, or to diminish the quantity of water which is to descend...
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Commentaries on American law, Volume 3

James Kent - Law - 1832
...channel when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor thTow the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of...
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Penny Cyclopaedia of the Society for the Diffusion of Useful ..., Volume 27

Encyclopedias and dictionaries - 1843
...consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor can either diminish the Quantity of water which would otherwise descend upon the proprietors below, nor throw back the water upon the proprietors above, so as to overflow...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - Nisi prius - 1838
...which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...affected by his operations, no proprietor can either dimmish the quantity of water which would otherwise descend to the proprietors below, nor throw the...
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The Theory and Practice of Conveyancing, Volume 1

Solomon Atkinson - Conveyancing - 1839
...which flows in the stream, and,- consequently, no proprietor can have the right to use the water to the prejudice of any other proprietor, without the consent...descend to the proprietors below, nor throw the water hack on the proprietors above. Every proprietor who claims a right either to throw the water back,...
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Notes to Phillipps' Treatise on the law of evidence, Part 1

Esek Cowen, Nicholas Hill, Samuel March Phillipps - Evidence (Law) - 1839 - 1752 pages
...right to use the water to the prejudice of any other proprietor. Without the consent of the oilier proprietors, who may be affected by his operations,...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above." (Per Sir J. Leach, Vice Ch. in Wright v. Howard,...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 352 pages
...which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...either diminish the quantity of water, which would () See per Curiam in Mason v. Hitl, 5 ii. & Adol. 20 ; 2 Nev. & M. 747. (b) 7 Bing. 682 ; 5 Moo....
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A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell, Jonathan Cogswell Perkins - Water - 1840 - 255 pages
...fully sustained by the opinion of the Vice Chancellor, in Wright v. Howard,2 who there says, — " Without the consent of the other proprietors, who...either diminish the quantity of water, which would descend to the proprietor below, nor throw the water back upon the proprietors above. Every proprietor...
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