 | James Kent - 1826-1830 - 1828 - 432 pages
...growing in interest, as the value of water power is more and more felt in manufacturing establishments. Every proprietor of lands, on the banks of a river,...stream adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has a right to use the water, to... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...(Vol. Ill, § 52), lays down these principles as to the former. Every proprietor of lands, he says, on the banks of a river, has naturally an equal right...stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...principle governing this point is time stated by Chancellor Kent in his learned Commentaries (a): — " Every proprietor of lands on the banks of a river has naturally nn equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont... | |
 | Law - 1831 - 600 pages
...that it will be of advantage to cite it at length. " Every proprietor of lands on the banks of the river, has naturally an equal right to the use of...stream adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...case made. The difficulty is to apply the law. The natural rights of riparian owners are well defined. Every proprietor of lands on the banks of a river, has naturally an equal right to tlie use of the water which flows in the stream adjacent to his lands, as it was wont to run, (airrerc... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...Cowen'x, Rep.518. And see the valuable note on page 536. Every proprietor of lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal...adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to the prejudice... | |
 | Charles James Gale - Servitudes - 1849 - 552 pages
...dun- (c) 3 Kent, Comm. 439. American has naturally an equal right to the use of the water !^!HJ! — which flows in the stream adjacent to his lands, as it was wont to run (currere solebat), without diminution or alteration. No proprietor has a right to use the water to... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1850 - 936 pages
...property, and as incidental to it. The law is laid down by Chancellor Kent, in 3 Com. 439, thus : " Every proprietor of lands on the banks of a river...naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit,... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...on this subject is most perspicuously stated, and it will be of advantage to cite it at length : " Every proprietor of lands on the banks of a river...stream adjacent to his lands, as it was wont to run, (currerc solebat,) without diminution or alteration. No proprietor has a right to use the water, to... | |
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... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property... 
