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" ... and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment,... "
Reports of Cases Argued and Determined in the Court of Common Pleas: With ... - Page 105
by Great Britain. Court of Common Pleas - 1838
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - 1897 - 1210 pages
...specially alleged and set forth in answer to the allegation of the party claiming, and shall not bo last-cited section must bo read subject to the Judicature Acts and the Orders thereunder (see O. XIX....
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The Law of Easements, Natural Rights Arising from Situation, and Licenses, India

India, Richard Brooke Mitchell - 1898 - 414 pages
...matter hereinbefore mentioned, or on any cause or a y' matter of fact or of law not inconsistent with the simple fact 'of enjoyment, the same shall be specially...any general traverse or denial of such allegation. Presumption yi. And be it further enacted, that in the several cases not to be al- . . . . . lowedinclaims...
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A Treatise on the Law of Easements

Charles James Gale - 1899 - 656 pages
...(a) on any canse or matter of fact or of law not inconsistent with the simple fact of enjoyment (b), the same shall be specially alleged and set forth...any general traverse or denial of such allegation. " Sect. 6. And be it further enacted, That in the several cases meationed in and provided for by this...
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Carson's Real Property Statutes: Comprising, Among Others, the Statutes ...

Thomas Henry Carson, Harold B. Bompas - 1902 - 1046 pages
...with the ^ t,e replied simple fact of enjoyment, the same shall be specially alleged to specially. and set forth in answer to the allegation of the party...any general traverse or denial of such allegation. Before the passing of tho Proscription Act, 1832, a proscription in a Pleading que estate must always...
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A Treatise on the Law of Easements

John Leybourn Goddard - 1904 - 712 pages
...enjoyment, matters to be the same shall be specially alleged and set forth in answer to the ""Pli. 6 ** to allegation of the party claiming, and shall not be...any general traverse or denial of such allegation. VI. And bo it further enacted, that in the several cases men- Restricting tioned in and provided for...
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The Law of Light and Air

Alfred Arthur Hudson, Arnold Inman - 1905 - 302 pages
...other matter hereinbefore mentioned, or on any cause or matter of fact or of law, not inconsistent with the simple fact of enjoyment, the same shall be specially...any general traverse or denial of such allegation." " Section 6. — In the several cases mentioned in upon proof of the exercise or enjoyment of the right...
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A Treatise on the Law of Easements

Charles James Gale - 1908 - 720 pages
...be allowed from shorter periods than aro herein mentioned as applicable. Proviso for disabilities. be specially alleged and set forth in answer to the...any general traverse or denial of such allegation. " Sect. 6. And be it further enacted, That in the several cases mention od in :md provided for by this...
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Bullen and Leake's Precedents of Pleadings in Actions in the King's Bench ...

Edward Bullen, Stephen Martin Leake, William Blake Odgers - 1915 - 1108 pages
...the turf of the said waste, and by wrongfully enclosing a part thereof and keeping the same enclosed. allegation of the party claiming, and shall not be...any general traverse or denial of such allegation." It is submitted that this section, being contained in a special Act, is not affected by the general...
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Roscoe's Digest of the Law of Evidence on the Trial of Civil Actions, Volume 2

Henry Roscoe - 1922 - 728 pages
...other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially...any general traverse or denial of such allegation." As to the word " he re in I *• fore " in this section, see observations in Pye v. Mumford, 17 LJQB...
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The Law Relating to Easements in British India

Frederick Peacock - 1922 - 854 pages
...other Matter hereinbefore mentioned, or on any Cause or Matter of Fact or of Law not inconsistent with the simple Fact of Enjoyment, the same shall be specially...any general Traverse or Denial of such Allegation. 6. And be it further enacted, That in the several Cases mentioned in Presumption and provided for by...
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