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... Ruling Cases - Page 396edited by - 1901Full view - About this book
| 1916 - 948 pages
...specific water in his structures has come to an end as the water leaves the tail-race into Second River. "If a body of water runs out of my pond into another man's, I have no right to reclaim it." 2 He still has the ownership of the right to the flow of First River to the intake of his conduit,... | |
| James Fitzjames Stephen - 1887 - 494 pages
...railway to carry the holder ? * " Water is a moveable wandering thing, and must of necessity continue common by the law of nature, so that I can only have...temporary transient usufructuary property therein " (Blackstone, 1 Steph. Com. 173, 5th cd.). As to water in standpipes, see Fcrens v. O'Brien, LR 1... | |
| 1909 - 672 pages
...the flow. Blackstone says: " For water is a movable, wandering thing, and must of necessity continue common by the law of nature, so that I can only have...temporary, transient usufructuary property therein."" One well-known English case says : " The property in the water itself was not in the proprietor of... | |
| Minnesota. State Board of Health - 1902 - 454 pages
...water was not; and Blackstone says: Water is a movable, wandering thing, and must ot necessity continue common by the law of nature; so that I can only have...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... | |
| George Wheelock Burbidge - 1890 - 666 pages
...Art. 406. 3S. D. Art. 289. * I " Water is a movable wandering thingi and must of necessity continue common by the law of nature, so that I can only have...temporary transient usufructuary property therein ; " (Blackstone, 1 Steph. Com. 178, 5th ed.). As to water in standpipes, see Ferens v. O'Brien, LR... | |
| Louis Arthur Goodeve - 1891 - 606 pages
...for, says Blackstone (r) : — " Water is a movable wandering thing, and must of necessity continue common by the law of nature, so that I can only have...into another man's, I have no right to reclaim it, but the land which that water covers is permanent, fixed, and immovable, and, therefore, in this I... | |
| Henry George - 1892 - 346 pages
...of land covered with water. 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 ; wherefore if a body of water runs out of my pond into another man's I have no right to reclaim it.... | |
| Henry George - 1911 - 326 pages
...of land covered with water. 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 ; wherefore if a body of water runs out of my pond into another man's I have no right to reclaim it.... | |
| William Blackstone, William Cyrus Sprague - 1893 - 558 pages
...ojf land covered irith water. For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have...transient, usufructuary, property therein : wherefore, if a 104 body of water runs ont of my pond into another man's, I have no right to reclaim it. But the land,... | |
| Clesson Selwyne Kinney - 1894 - 854 pages
...As Blackstone tersely says: "For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have...into another man's, I have no right to reclaim it. But the land which that water covers is permanent, fixed and immovable, and, therefore, in this, I... | |
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