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" For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein: wherefore, if a body of water runs out of my pond into another man's I... "
Commentaries on the Laws of England,: In Four Books - Page 18
by William Blackstone - 1794
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Ruling Cases, Volume 25

Robert Campbell - Annotations and citations (Law) - 1901 - 864 pages
...tinue common by the law of nature ; so that I can * only have a temporary, transient, usufructuary property therein ; wherefore if a body of water runs...into another man's, I have no right to reclaim it " None of these dicta, when properly understood with reference to the cases in which they were cited,...
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Report, Volume 19

Minnesota. State Board of Health - Minnesota - 1902 - 454 pages
...continue common by the law of nature; so that I can only have a temporary, transient, usufructuary property therein; wherefore if a body of water runs...into another man's, I have no right to reclaim it. Buy the land, which that water covers, is permanent, fixed and Immovable, and therefore in this I may...
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Commentaries on the Laws of England: In Four Books, Book 2

William Blackstone - Law - 1902 - 540 pages
...law of nature; so that I can only have a temporary, transient, usufructuary, property therein ยก(15) wherefore, if a body of water runs out of my pond into another man's, I have no right to reclaim it.(i6) But the land, which that water covers, is permanent, fixed, and immovable: and therefore in...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 112

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1902 - 780 pages
...property interest in any particular particle of water. Water is a movable and wandering thing, and when it runs out of my pond into another man's I have no right to reclaim it. But when I have built a dam, and created a reservoir, kept full by the natural flow of the stream, I have...
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Cyclopedia of Law ...

Charles Erehart Chadman - Law - 1912 - 624 pages
...continue common by the law of nature ; so that I can only have a temporary, transient, usufructuary property therein; wherefore, if a body of water runs...land which that water covers is permanent, fixed and immovable; and therefore, in this, I may have a certain substantial property; of which the law will...
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Select Cases on the Law of Torts: With Notes, and a Summary of ..., Volume 1

John Henry Wigmore - Torts - 1912 - 1132 pages
...continue common by the law of nature; so that I can only have a temporary, transient, usufructuary property therein; wherefore, if a body of water runs...into another man's, I have no right to reclaim it." None of these dicta, when properly understood with reference to the cases in which they were cited,...
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Readings on the History and System of the Common Law

Roscoe Pound - Common law - 1913 - 662 pages
...continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein: wherefore, if a body of water runs...which that water covers, is permanent, fixed, and immovable: and therefore in this I may have a certain substantial property; of which the law will take...
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English Crown Grants

Stephen Lyon Mershon - Great Britain - 1918 - 294 pages
...temporary, "transcient, usufructuary, property therein: "wherefore, if a body of water run out of the "pond into another man's, I have no right to "reclaim...which that water cov"ers, is permanent, fixed and immovable: and "therefore in this way I may have a certain sub"stantial property of which the law will...
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The Central Law Journal, Volume 67

Law - 1908 - 540 pages
...continue common by the law of nature ; so that 1 can only have a temporary, transient, usufructuary property therein ; wherefore if a body of water runs...into another man's I have no right to reclaim it." He further says that a grant of water passes nothing but a right of fishing, and presumably he has...
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Research Reporting Series: Environmental protection technology, Issue 600

Environmental engineering - 1977 - 176 pages
...of nature; so that I can only have a temporary, transient, usufructuary property therein: wherefore a body of water runs out of my pond into another man's, I have no right to reclaim it. (10) In contrast to the appropriation doctrine, actual use of the water, or priority of use, is irrelevant...
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