The History of the Law of Prescription in England: Being the Yorke Prize Essay of the University of Cambridge for 1890

C.J. Clay and Sons, 1891 - 210 Seiten

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Seite 173 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Seite 39 - ... for that is the form in which, by section 5, such a claim must be pleaded; and the like evidence would have been required before the statute to prove a claim by prescription or non-existing grant; therefore, if the way shall appear to have been enjoyed by the claimant, not openly and in the manner that a person rightfully entitled would have used it, but by stealth, as a trespasser would have done — if he shall have occasionally asked the permission of the occupier of the land — no title...
Seite 30 - ... that no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Seite 19 - ... defeated ; and when such right, profit, or benefit shall have been so taken and enjoyed, as aforesaid, for the full period of sixty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Seite 23 - Cornwall or being the property of an ecclesiastical or lay person or body corporate when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
Seite 48 - ... mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be eicluded in the computation of the periods herein-before mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.
Seite 125 - It is not in the power of a vendor to create any rights not connected with the use or enjoyment of the land and annex them to it, nor can the owner of land render it subject to a new species of burden, so as to bind it in the hands of an assignee.
Seite 63 - A custom for all the inhabitants of a parish to play at all kinds of lawful games, sports and pastimes in the close of A, at all seasonable times of the year, at their free will and pleasure, is good.
Seite 23 - ... no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any right of common or other profit or benefit to be taken and enjoyed from or upon any land of...
Seite 35 - ... which does not exclude such inference is not fatal, even although it occurs at the end of the period there can be no subsequent user to explain it, and the inference of actual enjoyment for the full period next before action is more difficult to draw than in other cases. But we are not prepared to say that as a matter of law such an inference can in no case be drawn.

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