A Treatise on the Law of Boundaries and Fences: Including the Rights of Property on the Sea-shore and in the Lands of Public Rivers and Other Streams, and the Law of Window LightsW. Gould & Son, 1876 - 596 páginas |
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Outras edições - Ver tudo
A Treatise on the Law of Boundaries and Fences: Including the Rights of ... Ransom Hebbard Tyler Visualização integral - 1874 |
Palavras e frases frequentes
acres action adjoining lands adjoining owner adjoining proprietors agreement alluvion ancient lights appeared applied ascertained bank Barb belonging boundary line building cattle common law construction conveyance courses and distances court held Court of Chancery court of equity covenant damages decided declared deed defendant delivered the opinion ditch division fence doctrine easement enjoyment erected evidence extended feet fence-viewers grant grantor ground highway inclosed inclosure injury intention jurisdiction jury lawful fence liable light and air Lord low-water mark maintain metes and bounds navigable occupant owner of land parish partition fence party person plaintiff premises presumption principle question Railroad Company recover referred repair respect right to window riparian river road rule run at large settled side soil statute stream street sufficient fence Supreme Court tenant tenement thence thereof tion town tract tree trespass vide Wend window lights
Passagens conhecidas
Página 46 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 522 - ... right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Página 522 - That each of the respective periods of years herein-before mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question...
Página 564 - The foundation of this jurisdiction, interfering by injunction, is that head of mischief alluded to by Lord Hardwicke, that sort of material injury to the comfort of the existence of those who dwell in the neighboring house requiring the application of a power to prevent, as well as remedy, an evil for which damages, more or less, would be given in an action at law.
Página 32 - Whatever soil below low-water mark is the subject of exclusive property and ownership, belongs to the State on whose maritime border and within whose territory it lies, subject to any lawful grants of that soil by the State, or the sovereign power which governed its territory, before the declaration of independence.
Página 34 - The learned Judges whose assistance I had in this very obscure question point out that the limit indicating such land is the line of the medium high tide between the springs and the neaps. All land below that line is more often than not covered at high water, and so may justly be said, in the language of Lord Hale, to be covered by the ordinary flux of the sea. This cannot be said of any land above that line." The Lord Chancellor therefore concurred with the opinion of the judges "in thinking that...
Página 233 - No State shall, without the Consent of Congress, . . . enter into any Agreement or Compact with another State, or with a foreign Power, . . .
Página 33 - When the Revolution took place, the people of each State became themselves sovereign ; and in that character hold the absolute right to all their navigable waters, and the soils under them for their own common use, subject only to the rights since surrendered by the Constitution.
Página 33 - First, the shores of navigable waters, and the soils under them, were not granted by the Constitution to the United States, but were reserved to the States respectively. Second, the new States have the same rights, sovereignty, and jurisdiction over this subject as the original States.
Página 48 - There be some streams or rivers that are private, not only in propriety or ownership, but also in use ; as little streams, and rivers that are not a common passage for the king's people. Again, there be other rivers, as well fresh as salt, that are of common or public...