The Law of WatercoursesBeard Books, 2000 - 424 páginas |
Dentro del libro
Resultados 1-5 de 67
Página 425
... deed from the then upper proprietor , to erect a dam on the land of the latter , in order to convey a portion of the water through an artificial channel , for the pur- pose of watering his meadows , but had actually used it for above ...
... deed from the then upper proprietor , to erect a dam on the land of the latter , in order to convey a portion of the water through an artificial channel , for the pur- pose of watering his meadows , but had actually used it for above ...
Página 428
... deeds ; " 6 and he cites Fitzherbert , who says , " If at this day , a man 1 See Doughty v . Bowman , 16 Law contradistinction to those which are col- Jour . 414 . lateral or personal ; and the numerous authorities on the subject are ...
... deeds ; " 6 and he cites Fitzherbert , who says , " If at this day , a man 1 See Doughty v . Bowman , 16 Law contradistinction to those which are col- Jour . 414 . lateral or personal ; and the numerous authorities on the subject are ...
Página 431
... deed to the grantee , from whom the plaintiffs derived title . The breach alleged , was , that , at the time of the execution of the deed , the land conveyed was not free from incumbrances , but that the defendant had before that time ...
... deed to the grantee , from whom the plaintiffs derived title . The breach alleged , was , that , at the time of the execution of the deed , the land conveyed was not free from incumbrances , but that the defendant had before that time ...
Página 432
... deed , and that covenants were broken immediately , upon its execution , and consequently were not assignable . " This easement , " say the Court , " could not run with the land , for no land was granted ; and , to make a cove- nant run ...
... deed , and that covenants were broken immediately , upon its execution , and consequently were not assignable . " This easement , " say the Court , " could not run with the land , for no land was granted ; and , to make a cove- nant run ...
Página 433
... deed of land , did not embrace water , running over the land , and that the covenant was not broken by the existence of a right in a third party , to enter upon the land war- ranted , and draw off the water , nor by an actual entry and ...
... deed of land , did not embrace water , running over the land , and that the covenant was not broken by the existence of a right in a third party , to enter upon the land war- ranted , and draw off the water , nor by an actual entry and ...
Contenido
Sección 16 | 752 |
Sección 17 | 756 |
Sección 18 | 760 |
Sección 19 | 761 |
Sección 20 | 762 |
Sección 21 | 763 |
Sección 22 | 764 |
Sección 23 | 765 |
Sección 9 | 637 |
Sección 10 | 667 |
Sección 11 | 671 |
Sección 12 | 675 |
Sección 13 | 691 |
Sección 14 | 702 |
Sección 15 | 747 |
Sección 24 | 766 |
Sección 25 | 767 |
Sección 26 | 769 |
Sección 27 | 770 |
Sección 28 | 771 |
Sección 29 | 772 |
Términos y frases comunes
42 Maine abate adjoining aforesaid alleged Allen assigns assumpsit authority award benefit canal cause channel cited claim Common Law compensation complaint Conn conveyed Court of Equity covenant Cush declaration deed defendant defendant's doctrine Dwinel easement eminent domain entitled erect a dam estoppel evidence executed flow the land flowing land grant grantor Gray Greenl head of water height held incorporeal hereditaments injunction injury interest judgment jury legislature liable Mass Massachusetts meadow ment mill act mill-dam mill-owner mill-site natural navigable river obstruction occasioned occupied overflowed owner of land parol license party Penn person Pick plaintiff plaintiff's land plaintiff's mill pond possession premises prescriptive right privilege public highway public nuisance purpose Railroad raise the water reasonable recover remedy repair right to flow riparian owner riparian proprietor SECT Smith Statute of Frauds sustained tenant thereby thereof Thunder Bay River tion trespass Veazie verdict water power watercourse Wend
Pasajes populares
Página 694 - the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States...
Página 458 - But a license to hunt in a man's park, and carry away the deer killed to his own use ; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are licenses as to the acts of hunting and cutting down the tree, but as to the carrying away of the deer killed and tree cut down, they are grants.
Página 608 - In vain may it be urged, that the good of the individual ought to yield to that of the community; for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested, than in the protection of every individual's private rights, as modeled by the municipal law.
Página 608 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community. If a new road, for instance, were to be made through the grounds of a private person, it might perhaps be extensively beneficial to the public, but the law permits no man, or set of men, to do this without consent of the owner of the land.
Página 608 - In this and similar cases the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel f Kot by absolutely stripping the subject of his property in an arbitrary manner; but by giving him a full indemnification and equivalent for the injury thereby sustained.
Página 452 - ... and to order and determine what he should think fit to be done by the parties respecting the matters in dispute.
Página 732 - But when this right of navigation is connected with an exclusive access to and from a particular wharf, *it [672 assumes a very different character. It ceases to be a right held in common with the rest of the public, for other members of the public have no access to or from the river at the particular place; and it becomes a form of enjoyment of the land, and of the river in connection with the land, the disturbance of which may be vindicated in damages by an action, or restrained by an injunction.
Página 731 - The jurisdiction of courts of equity to redress the grievance of public nuisances by injunction is undoubted and clearly established; but it is well settled that, as a general rule, equity will not interfere, where the object sought can be as well attained in the ordinary tribunals.
Página 500 - that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Referencias a este libro
Supreme Court Justice Joseph Story: Statesman of the Old Republic R. Kent Newmyer Vista previa limitada - 1985 |