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" ... the tide ebbs and flows; and in which there was, and of right ought to have been, a certain common and public way in the nature of a highway. "
A Selection of Pleadings in Civil Actions: Subsequent to the Declaration ... - Page 623
by Joseph Story - 1805 - 697 pages
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 2

Joseph Chitty - Parties to actions - 1809 - 686 pages
...the said С D further Tbe Public way. saith, that before and at the said several times, when, Sec. there was, and of right ought to have been, a certain common and (r) See the precedents, 9 Wentw. orón foot, &c. the plea mast be сщаНInilex, 56. 1 Hen. Bl....
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A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - Forms (Law) - 1819 - 650 pages
...different posts *. And the said CD further saith, that before and at the said several The public times, when, &c. there was and of right ought to have been a certain W8y' common and public highway, into, through, over, and along the said close, in which, Sec. for all...
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A Treatise of the Pleas of the Crown: Or, A System of the ..., Volume 1

William Hawkins - Criminal procedure - 1824 - 838 pages
...12. XII. That in pleading a public highway, it is sufficient to say, " that before and at the said time when, &c. there " was, and of right ought to...common public " highway, leading, &c. for all the liege subjects,&.c. togo,return, " pass, and repass, on foot and on horseback, and with their cattle " and...
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A Selection of Pleadings in Civil Actions

Joseph Story - Civil procedure - 1829 - 736 pages
...it is sufficient to allege it to be a common, public highway. And therefore, where a plea stated, " that before and at the time when &c., there was, and...common public highway, leading &c., for all the liege subjects <fec. to go, return, pass, and repass, on foot and on horseback, and with their cattle and...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 2

United States. Supreme Court, Richard Peters - Court rules - 1829 - 758 pages
...the construction of a dam across a navigable stream, in which the tide ebbs and ffows; and in which there was, and of right ought to have been, a certain common and public way in the nature of a highway. This plea draws nothing into question but the validity of...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 10

Charles Petersdorff - Law - 1831 - 542 pages
...265. In pleading To B Pleai stating that before and at the same time, when, &c. there was, a highway and of right ought to have been, a certain common public highway leading, &c. it U «uffi without alleging that it had been a highway from time immemorial, there was a cient to...
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The American Annual Register, Part 2

Joseph Blunt - History - 1835 - 624 pages
...the construction of a dam across a navigable stream, in which the tide ebbs and flows ; and in which there was, and of right ought to have been, a certain common and public way in the nature of a highway. This plea draws nothing into question but the validity of...
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American Annual Register, Volume 2; Volume 4

Joseph Blunt - History - 1830 - 628 pages
...the construction of a dam across a navigable stream, in whicli the tide ebbs and flows; and in which there was, and of right ought to have been, a certain common and public way in the nature of a highway This plea draws nothing into question but the validity of...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 3

Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 520 pages
...aforesaid action thereof against him, because he says, that * before and at the said several times when, &.C. there was, and of right ought to have been, a certain, common and public highway, into, through, over, and along the said close, in which, &c. for all the liege...
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Precedents in Pleading: With Copious Notes on Practice, Pleading ..., Volume 2

Joseph Chitty, Tompson Chitty - Evidence (Law) - 1839 - 454 pages
...Way. And for a further plea in this behalf, the defendant saith, that before and at the said times, when &.C. there was and of right ought to have been a certain common and public highway (т), into, through, over and along the said close in which, &c. for all the liege...
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