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" ... for that is the form in which, by section 5, such a claim must be pleaded; and the like evidence would have been required before the statute to prove a claim by prescription or non-existing grant; therefore, if the way shall appear to have been enjoyed... "
A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes ... - Էջ 264
Joseph Kinnicut Angell - 1854 - 683 էջ
Ամբողջությամբ դիտվող - Այս գրքի մասին

Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835 - 1150 էջ
...by sect. 5. such a claim must be pleaded, and the like evidence would have been required before this statute to prove a claim by prescription or non-existing...would have done ; if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired, because it was not enjoyed...
Ամբողջությամբ դիտվող - Այս գրքի մասին

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Հատոր 1

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835 - 1012 էջ
...received in evidence on any general traverse or denial of such allegation." (a) ICr. M. &R. 211. (6) "Therefore, if the way shall appear to have been enjoyed...manner that a person rightfully entitled would have enjoyed it, but by stealth, as a trespasser would have done if he shall have occasionally asked the...
Ամբողջությամբ դիտվող - Այս գրքի մասին

The Theory and Practice of Conveyancing, Հատոր 1

Solomon Atkinson - 1839 - 708 էջ
...the form in which, by section 5, such a claim must be pleaded; and the like evidence would have beeii required, before the statute, to prove a claim by...have done, — if he shall have occasionally asked the permission of the owner of the land, — no title would be acquired, because it was not enjoyed...
Ամբողջությամբ դիտվող - Այս գրքի մասին

Precedents in Pleading: With Copious Notes on Practice, Pleading ..., Հատոր 2

Joseph Chitty, Tompson Chitty - 1839 - 454 էջ
...section 5 such a rlaim must be pleaded, and the like evidence would have bcrn required before the stntuie to prove a claim by prescription or non-existing grant....appear to have been enjoyed by the claimant, not openly anj in the manner a person rightfully entitled would have used it, hut by stealth as a trespasser would...
Ամբողջությամբ դիտվող - Այս գրքի մասին

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 էջ
...во ' as of right ; ' for that is the form in which by section 5 such a claim must be pleaded ; and the like evidence would have been required before...have done — if he shall have occasionally asked the permission of the occupier of the land — no title would * 128 be acquired, because it was not...
Ամբողջությամբ դիտվող - Այս գրքի մասին

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Հատոր 6

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1841 - 900 էջ
...has done so ' as of right,' for that is the form in which (by s. 5) such a claim must be pleaded; and the like evidence would have been required before...stealth, as a trespasser would have done — if he shall (a) 23 Geo. 3, c. 48, s. 25. (6) 1 C., M., & R. 211. . 'of Pleat, have occasionally asked the permission...
Ամբողջությամբ դիտվող - Այս գրքի մասին

A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Հատոր 1

Thomas Starkie - 1842 - 1186 էջ
...so as of right, for that is the form in which, by the 5th section, such a claim must be pleaded, and the like evidence would have been required before...would have done, if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired, because it was not enjoyed...
Ամբողջությամբ դիտվող - Այս գրքի մասին

Martin's Practice of Conveyancing: With Forms of Assurances, Հատոր 1

Charles Davidson, Thomas Martin (of Lincoln's Inn.) - 1844 - 692 էջ
...done so ' as of right,' for that is the form in which, by section 5, such a claim must be pleaded; and the like evidence would have been required before...have done — if he shall have occasionally asked the permission of the occupier of the land — no title would be acquired, because it was not enjoyed...
Ամբողջությամբ դիտվող - Այս գրքի մասին

A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 էջ
...for the full period required, and that he has done so " as of right." Therefore if the way •hall appear to have been enjoyed by the claimant, not openly,...would have done ; if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired. For the same reason it would...
Ամբողջությամբ դիտվող - Այս գրքի մասին

A Treatise on Presumptions of Law and Fact: With the Theory and Rules of ...

William Mawdesley Best - 1845 - 232 էջ
...of right,' for that is the form in which, by the fifth section, such a claim must be pleaded ; and the like evidence would have been required before...would have done, if he shall have occasionally asked the permission of the occupier of the land, no title would be acquired, because it was not enjoyed...
Ամբողջությամբ դիտվող - Այս գրքի մասին




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