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" ... solebat), without 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 divert it, or a title to some exclusive enjoyment. He has no property... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 369
by New Jersey. Court of Chancery - 1878
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Commentaries on American Law, Volume 3

James Kent - 1828 - 432 pages
...value of water power is more and more felt in manufacturing establishments. Every proprietor of lands, on the banks of a river, has naturally an equal right...stream adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has a right to use the water, to...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 pages
...appropriation. Per Story, J. in Tyler $• al. v. Wilkinson «Ç- al. 4 Mason, 403. And such proprietor has naturally an equal right to the use of the water which flows in the stream adjacent to his land, as it was wont to полу, without diminution or alteration. 3 Kent's Com. 439. (2d cd.) And...
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The Law Times, Volume 17

1831 - 600 pages
...that it will be of advantage to cite it at length. " Every proprietor of lands on the banks of the river, has naturally an equal right to the use of...stream adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to...
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Reports of Cases Determined in the Court of Chancery of the State ..., Volume 3

New Jersey. Court of Chancery - 1846 - 688 pages
...to apply the law. The natural rights of riparian owners are well defined. Every proprietor of lands on the banks of a river, has naturally an equal right to tlie use of the water which flows in the stream adjacent to his lands, as it was wont to run, (airrerc...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - 1848 - 702 pages
...Cowen'x, Rep.518. And see the valuable note on page 536. Every proprietor of lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal...stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to...
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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
...perspicuously stated, and it will be of advantage to cite it at length: — "Every proprietor of lands on the banks of a river has naturally an equal right...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...
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A Treatise on the Law of Easements

Charles James Gale - 1849 - 552 pages
...dun- (c) 3 Kent, Comm. 439. American has naturally an equal right to the use of the water !^!HJ! — 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...
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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
...incidental to it. The law is laid down by Chancellor Kent, in 3 Com. 439, thus : " Every 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,...
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English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 pages
...perspicuously stated, and it will be of advantage to cite it at length : " Every proprietor of lands on the banks of a river has naturally an equal right...stream adjacent to his lands, as it was wont to run, (currerc solebat,) without diminution or alteration. No proprietor has a right to use the water, to...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 13

United States. Supreme Court - 1852 - 668 pages
...trench or ditch, if by so doing he works no injury to the rights of others. Every proprietor of land on the banks of a river has naturally an equal right...water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless...
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