The Law of WatercoursesBeard Books, 2000 - 424 pages |
From inside the book
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Page 426
... ) Opinion of Holroyd J. 8 Cruise , Dig . tit . 32 , c . 25 , s . 22 . 4 See ante , §§ 141 , 142 , et seq . i 96 , 138 . 7 4 Kent , 473 . unfrequently a question of difficulty . It has , however 426 [ CHAP . VII . LAW OF WATERCOURSES .
... ) Opinion of Holroyd J. 8 Cruise , Dig . tit . 32 , c . 25 , s . 22 . 4 See ante , §§ 141 , 142 , et seq . i 96 , 138 . 7 4 Kent , 473 . unfrequently a question of difficulty . It has , however 426 [ CHAP . VII . LAW OF WATERCOURSES .
Page 427
Joseph K. Angell. unfrequently a question of difficulty . It has , however , been agreed , ever since Spencer's case , 2 that to make an assignee of a covenantor liable to an action of covenant , there must be a privity of estate , or ...
Joseph K. Angell. unfrequently a question of difficulty . It has , however , been agreed , ever since Spencer's case , 2 that to make an assignee of a covenantor liable to an action of covenant , there must be a privity of estate , or ...
Page 434
... question would be for a jury , whether the act was done to the injury of the waterworks ; as , therefore , the seller had thought proper not to reserve the well , but to rest upon the covenant , there was the covenant , and the parties ...
... question would be for a jury , whether the act was done to the injury of the waterworks ; as , therefore , the seller had thought proper not to reserve the well , but to rest upon the covenant , there was the covenant , and the parties ...
Page 436
... question arises in a Court of Law , the interest will be held assignable , when such was evidently the in- tent of the parties . In Kennedy v . Scovil , in Connecticut , 2 the question arose upon a reservation , in a deed of conveyance ...
... question arises in a Court of Law , the interest will be held assignable , when such was evidently the in- tent of the parties . In Kennedy v . Scovil , in Connecticut , 2 the question arose upon a reservation , in a deed of conveyance ...
Page 437
... question , " with the full and free privilege of using and improv- ing the said mill - pond , within certain limits , with the full liberty of ingress and egress , to dig out and carry away the whole , or any part of the soil in said ...
... question , " with the full and free privilege of using and improv- ing the said mill - pond , within certain limits , with the full liberty of ingress and egress , to dig out and carry away the whole , or any part of the soil in said ...
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 |