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" ... has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run ('currere solebat'), without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other... "
Reports of Cases Decided in the Court of Chancery, the Prerogative Court ... - Page 368
by John Hoff Stewart - 1878
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Commentaries on American Law, Volume 3

James Kent - 1828 - 432 pages
...diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to...while it passes along. Aqua currit et debet currere^ is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

New Jersey. Court of Chancery - 1878 - 738 pages
...right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has...while it passes along. Aqua currit et debet currere ut currere solebat, is the language of the law. Though he may use the water while it ruus over his land,...
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Commentaries on American Law, Volume 3

James Kent - 1832 - 536 pages
...alteration. No proprietor ha» a right to use the water, to the prejudice of other proprietors, abo,re or below him, unless he has a prior right to divert...while it passes along. Aqua currit et debet currere, is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 pages
...right to use the water to the prejudice of other proprietors, above or below him, unless he has ¡i prior right to divert it, or a title to some exclusive...has no property in the water itself, but a simple use for it while it passes along. Aqua currit it débet currere, is the language of the law. Though...
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The Law Times, Volume 17

1831 - 600 pages
...alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless he has a prior right to divert it, or a title...simple usufruct while it passes along. Aqua currit et débet currere is the language of the law. Though he may use the water while it runs over his land,...
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A Treatise on the Law of Landlord and Tenant, as ..., Book 90, Volume 1

John Smith Furlong - 1845 - 830 pages
...alteration : no proprietor has a right to use the water to the prejudice of other proprietors above or helow him, unless he has a prior right to divert it, or...itself, but a simple usufruct while it passes along, and though he may use the water while it runs over his land, he cannot detain it for an unreasonable...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - 1848 - 702 pages
...diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to...simple usufruct while it passes along. Aqua currit et dehct currere, is the language of the law. Without the consent of the adjoining proprietors, he cannot...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 1008 pages
...diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to...while it passes along. ' Aqua currit et debet currere' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably...
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A Treatise on the Law of Easements

Charles James Gale - 1849 - 552 pages
...diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to...has no property in the water itself, but a simple use for it while it passes along. Aqua currit et debet currere, is the language of the law. Though...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1850 - 936 pages
...proprietor of lands on the banks of a river has naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit, et debet currere," is the language of the law; and Mr. Justice...
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