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" Every proprietor has an equal right to use the water which flows in the stream; and consequently no proprietor can have the right to • use the water to the prejudice of any other proprietor, without the consent of the other proprietors who may be affected... "
The Practice of Conveyancing: Comprising Every Usual Deed, Analytically and ... - Page 426
by James Stewart - 1831
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Reports of Cases, Decided in the High Court of Chancery: By the ..., Volume 1

Great Britain. Court of Chancery, Nicholas Simons, John Stuart - Equity - 1824 - 678 pages
...have the right to use the water to the prejudice of any other Proprietor. Without the consent of tbe other Proprietors, who may be affected by his operations,...the Proprietors above. Every Proprietor who claims a right either to throw the water back above, or to d1minish the quantity of water which is to descend...
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Commentaries on American Law, Volume 3

James Kent - 1826-1830 - 1828 - 432 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water, which would otherwise...nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it.* This a Matts...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...channel when it leaves his estate ; without the consent of the adjoining proprietors he cannot divert or diminish the quantity of water which would otherwise...nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it. The owner must...
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Commentaries on American Law, Volume 3

James Kent - Law - 1832 - 536 pages
...channel when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor thTow the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1054 pages
...which flows in the stream ; and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...the proprietors above. Every proprietor, who claims a right either to throw the water back above, or to diminish the quantity of water which is to descend...
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The Practice of the Law in All Its Departments: With a View of ..., Volume 1

Joseph Chitty - Civil procedure - 1833 - 1020 pages
...which flows in tlir stream; and consequently no proprietor can have the right to use the water to th« prejudice of any other proprietor. Without the consent...the proprietors above. Every proprietor, who claims a right either to throw the water back above, or to diminish the quantity of water which is to descend...
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Penny Cyclopaedia of the Society for the Diffusion of Useful ..., Volume 27

Encyclopedias and dictionaries - 1843 - 854 pages
...consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor can either diminish the Quantity of water which would otherwise descend upon the proprietors below, nor throw back the water upon the proprietors above, so as to overflow...
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An Abridgment of the Law of Nisi Prius, Volume 2

William Selwyn - Nisi prius - 1838 - 838 pages
...which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...affected by his operations, no proprietor can either dimmish the quantity of water which would otherwise descend to the proprietors below, nor throw the...
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The Theory and Practice of Conveyancing, Volume 1

Solomon Atkinson - Conveyancing - 1839 - 708 pages
...which flows in the stream, and,- consequently, no proprietor can have the right to use the water to the prejudice of any other proprietor, without the consent...descend to the proprietors below, nor throw the water hack on the proprietors above. Every proprietor who claims a right either to throw the water back,...
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Notes to Phillipps' Treatise on the Law of Evidence, Part 1

Esek Cowen, Nicholas Hill - Evidence (Law) - 1839 - 906 pages
...right to use the water to the prejudice of any other proprietor. Without the consent of the oilier proprietors, who may be affected by his operations,...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above." (Per Sir J. Leach, Vice Ch. in Wright v. Howard,...
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