A Treatise On The Common Law In Relation To Watercourses

Author : Joseph Kinnicut Angell
Publisher : Rarebooksclub.com
ISBN 13 : 9781230060774
Total Pages : 74 pages
Book Rating : 4.0/5 (67 download)

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Download or read book A Treatise on the Common Law, in Relation to Watercourses; Intended More Particularly As an Illustration of the Rights and Duties of the Owners and Oc written by Joseph Kinnicut Angell and published by Rarebooksclub.com. This book was released on 2013-09 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833 edition. Excerpt: ...any claim of prescription, on the part of the defendant, or to rebut the presumption of a grant.2 Time does not begin to run against a privilege re 1 Stiles v. Hooker, 7 Cowen, 266. 2 Sumner v. Tileston, 7 Pick. Rep. 198; and see ante p. 95. rerved in a deed, until some default, negligence, or acquiescence is shown, or may fairly be presumed, in the party in whose favor the reservation is made. Therefore, a reservation of a right for the grantor, his heirs and assigns, to raise the water of a stream, from a dam intended to be built upon his own land, provided the same is not raised so high as to injure the mill granted by the deed, is not barred, forfeited or lost by the lapse of thirty years from the time the right was reserved, to the time of building the dam, in pursuance of that right.1 It has been adjudged by the Supreme Court in Maine, that the omission for twenty years to claim damages, under the law of that State for flowage, furnished a presumptive eviderice of a grant of a right to flow. The conduct of all parties concerned in such case, the Court thought, was explainable on legal grounds, without recourse to such presumption.2 We stated in a former chapter,3 that the enjoyment of an incorporeal hereditament for twenty years, may be shown not to be adverse, by showing that the party has not been in possession of the premises in question. This rule has been applied to the case of flowing land for a long period. The injury was done to church lands, by a rivulet being penned back upon them by a head-stock, and the existence of the head-stock for about twenty years, was proved. The evidence, it was held, though it would be sufficient in other cases, was not suflicient to warrant the continuance of the flowing; for the grant of the...