 Every proprietor of lands on the banks of a river 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...  The Central Law Journal - Page 2081883Full view - About this book
 | James Kent - 1826-1830 - 1828 - 432 pages
...the water which flows in the stream adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has...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... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 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...use the water to the prejudice of other proprietors Acquackanonk Water Co. v. Watson. above or below him, unless he has a prior right to divert it or a... | |
 | James Kent - Law - 1832 - 536 pages
...lands, as it was wont to run, (currere solebat,) without diminution or 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 it, or a title to some exclusive enjoyment.... | |
 | Jacob D. Wheeler - Common law - 1836 - 624 pages
...RICHARDS, 13 Mass. Rep. 420. No person has a right to use a stream of water to the prejudice ^rp0r°far,' j of other proprietors above or below him, unless he has a prior may use right to divert it, or to an exclusive enjoyment. He may use |.Uo*nger the water running over... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...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...other proprietors, above or below him, unless he has ¡i prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water... | |
 | Joseph Kinnicut Angell - Water - 1840 - 294 pages
...itself ; — but a simple use of it, while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another." "This," adds the same high authority, " is the necessary result of the perfect equality of... | |
 | Law - 1831 - 600 pages
...the water which flows in the stream adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has...the prejudice of other proprietors, above or below, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property... | |
 | John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...the water(a) flowing adjacent to his property, as it was accustomed to run in its natural channel, without diminution or alteration : no proprietor has...water to the prejudice of other proprietors above or helow him, unless he has a prior right to divert it, or a title to some exclusive enjoyment : he has... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...lands, as it was wont to run, without diminution or alter, ation. Shreve v. Voorheti, 25 2. He has no right to use the water to the prejudice of other proprietors above or below him. He may use it while it runs over his land, but cannot unreasonably detain it, or give it another direction.... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...the water which flows in the stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has...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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