Select cases and other authorities on the law of property, Volume 2 (Google eBook)

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C. W. Sever and company, 1888 - Law
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Page 713 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 77 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside, and...
Page 74 - Les fonds inférieurs sont assujettis envers ceux qui sont plus élevés, à recevoir les eaux qui en découlent naturellement sans que la main de l'homme y ait contribué. Le propriétaire inférieur ne peut point élever de digue qui empêche cet écoulement. Le propriétaire supérieur ne peut rien faire qui aggrave la servitude du fonds inférieur.
Page 116 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 768 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 435 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining...
Page 214 - It is hereby agreed and declared by and between the said parties hereto that the...
Page 676 - Act, it shall and may be lawful for any Person or Persons, having any Rent in arrear or due upon any Lease for Life, or Lives, or for Years, or at Will, ended or determined, to distrain for such Arrears after the Determination of the said respective Leases, in the same Manner as they might have done, if such Lease or Leases had not been ended or determined...
Page 128 - I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament.
Page 479 - ... shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.

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