The Law of WatercoursesBeard Books, 2000 - 424 pages |
From inside the book
Results 1-5 of 83
Page 431
... Court , respected the premises , and was co - ex- tensive with the estate ; that it benefited the owner of the demised premises , and nobody but the owner . So where several owners of mills and mill privileges , on the same waterfall ...
... Court , respected the premises , and was co - ex- tensive with the estate ; that it benefited the owner of the demised premises , and nobody but the owner . So where several owners of mills and mill privileges , on the same waterfall ...
Page 432
... Court , " could not run with the land , for no land was granted ; and , to make a cove- nant run with land , it is not sufficient that it is of or concerning land . " 2 § 264. In Mitchell v . Warner , in the Supreme Court of Errors of ...
... Court , " could not run with the land , for no land was granted ; and , to make a cove- nant run with land , it is not sufficient that it is of or concerning land . " 2 § 264. In Mitchell v . Warner , in the Supreme Court of Errors of ...
Page 433
... Court of Massa- chusetts concurred , in Clark v . Smith , ub . sup . But the Court , in Mitchell v . War- ner , went to the length of deciding , that a covenant of warranty , in a deed of land , did not embrace water , running over the ...
... Court of Massa- chusetts concurred , in Clark v . Smith , ub . sup . But the Court , in Mitchell v . War- ner , went to the length of deciding , that a covenant of warranty , in a deed of land , did not embrace water , running over the ...
Page 436
... Court unanimously , that the grantors , after the conveyance , had no assignable interest in the use of the water conveyed . " It is true , " say the Court , " the right is reserved to them ( the grant- ors ) , without words of ...
... Court unanimously , that the grantors , after the conveyance , had no assignable interest in the use of the water conveyed . " It is true , " say the Court , " the right is reserved to them ( the grant- ors ) , without words of ...
Page 455
... Court made the plaintiff's rule absolute for set- ting aside the defendants ' rule of Court , confirming their order of reference , but without costs , on account of the manifest injustice of making the costs of the action abide the ...
... Court made the plaintiff's rule absolute for set- ting aside the defendants ' rule of Court , confirming their order of reference , but without costs , on account of the manifest injustice of making the costs of the action abide the ...
Contents
Section 16 | 752 |
Section 17 | 756 |
Section 18 | 760 |
Section 19 | 761 |
Section 20 | 762 |
Section 21 | 763 |
Section 22 | 764 |
Section 23 | 765 |
Section 9 | 637 |
Section 10 | 667 |
Section 11 | 671 |
Section 12 | 675 |
Section 13 | 691 |
Section 14 | 702 |
Section 15 | 747 |
Section 24 | 766 |
Section 25 | 767 |
Section 26 | 769 |
Section 27 | 770 |
Section 28 | 771 |
Section 29 | 772 |
Common terms and phrases
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
Popular passages
Page 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.
Page 452 - ... and to order and determine what he should think fit to be done by the parties respecting the matters in dispute.
References to this book
Supreme Court Justice Joseph Story: Statesman of the Old Republic R. Kent Newmyer Limited preview - 1985 |