A Treatise on the Common Law, in Relation to Water Courses: Intended More Particularly as an Illustration of the Rights and Duties of the Owners and Occupants of Water Privileges : to which is Added an Appendix, Containing the Principal Adjudged Cases

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Wells and Lilly, 1824 - Water - 350 pages

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Page 224 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 199 - Michaelmas term 1814, obtained a rule nisi to set aside the verdict and enter a nonsuit...
Page 46 - Esq. was seised in his demesne as of fee, of and in the said close in which, &c. and of and in another close called the Twenty Acres, adjoining thereto, and situate in the said parish of St.
Page x - All the rivers run into the sea; yet the sea is not full; unto the place from whence the rivers come, thither they return again.
Page 95 - In rivers not navigable, the proprietors of the land have the right of fishery on their respective sides ; and it generally extends ad filum medium aquce.
Page 4 - ... and to order and determine what he should think fit to be done by the parties respecting the matters in dispute.
Page 222 - This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit.
Page 166 - ... this occupancy must be regulated and guarded, with a view to the individual rights of all who...
Page 78 - whensoever from thenceforth in " one case a writ shall be found in the chancery, and in a " like case falling under the same right and requiring like " remedy no precedent of a writ can be produced, the clerks " in chancery shall agree in forming a new one; and, if " they cannot agree, it shall be adjourned to the...
Page 46 - ... will not of itself raise against the owner the presumption of a grant. When lapse of time is said to afford such a presumption, the inference is also drawn from accompanying facts ; and here, where there is no direct evidence whether or not the owner of the land had any knowledge of what passed, the inference to be drawn must, in a peculiar degree, depend on the nature of the accompanying facts ; and the presumption in favour of a grant will be more or less probable, as it may be more or less...

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