The American Law Review, Volume 4Little, Brown, and Company, 1870 - Law |
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Page 40
... decision , which at one time seemed likely to be generally acquiesced in . The leading case on the subject of this class of easements is that of Nicholas v . Chamberlain . It was an action of trespass ; and , as the report is quite ...
... decision , which at one time seemed likely to be generally acquiesced in . The leading case on the subject of this class of easements is that of Nicholas v . Chamberlain . It was an action of trespass ; and , as the report is quite ...
Page 41
... decision in Nicholas v . Chamberlain has been recognized as binding authority in innumerable cases , and , to our knowledge , has never been questioned.1 It is necessary , therefore , that we should settle what that case actually ...
... decision in Nicholas v . Chamberlain has been recognized as binding authority in innumerable cases , and , to our knowledge , has never been questioned.1 It is necessary , therefore , that we should settle what that case actually ...
Page 47
... decisions . Mr. Gale says there is no exception to the long current decisions . in his favor , except a doubtful dictum by Lord Holt , ' questioning the purely obiter dictum of Troysden in Palmer v . Fletcher , before alluded to . But ...
... decisions . Mr. Gale says there is no exception to the long current decisions . in his favor , except a doubtful dictum by Lord Holt , ' questioning the purely obiter dictum of Troysden in Palmer v . Fletcher , before alluded to . But ...
Page 50
... decision , while perfectly reconcilable with Nicholas v . Chamberlain , which was cited by the distinguished counsel for the defendant , is at utter variance with Mr. Gale's doctrine . Many American cases have been cited by various ...
... decision , while perfectly reconcilable with Nicholas v . Chamberlain , which was cited by the distinguished counsel for the defendant , is at utter variance with Mr. Gale's doctrine . Many American cases have been cited by various ...
Page 51
... decision may well stand upon other and more unquestioned grounds . The stream being a natural watercourse , the owner of the estate might make such disposition of it as he pleased , so long as he did not affect the rights of those above ...
... decision may well stand upon other and more unquestioned grounds . The stream being a natural watercourse , the owner of the estate might make such disposition of it as he pleased , so long as he did not affect the rights of those above ...
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