 | Great Britain. Court of Exchequer - 1835 - 1150 Seiten
...would have been required before this statute to prove a claim by prescription or non-existing grant. Therefore if the way shall appear to have been enjoyed...acquired, because it was not enjoyed " as of right." For the same reason it would not, if there had been unity of possession during all or part of the time... | |
 | Solomon Atkinson - 1839 - 708 Seiten
...would have beeii required, before the statute, to prove a claim by prescription or non-existing grant. Therefore, if the way shall appear to have been enjoyed...shall have occasionally asked the permission of the owner of the land, — no title would be acquired, because it was not enjoyed "as of right." For the... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 454 Seiten
...would have bcrn required before the stntuie 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 anj in the manner a person rightfully entitled would have used it, hut by stealth as a trespasser would... | |
 | Charles James Gale, Thomas Denman Whatley - 1840 - 382 Seiten
...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...permission of the occupier of the land — no title would * 128 be acquired, because it was not enjoyed * ' as of right.' For the same reason it would not, if... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1841 - 906 Seiten
...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...stealth, as a trespasser would have done — if he shall (a) 23 Geo. 3, c. 48, s. 25. (6) 1 C., M., & R. 211. . of Pltai, have occasionally asked the permission... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1841 - 900 Seiten
...trespasser would have done — if he shall (a) 23 Geo. 3, c. 48, s. 25. (6) 1 C., M., & R. 211. . 'of Pleat, have occasionally asked the permission of the occupier...acquired, because it was not enjoyed ' as of right.' The same doctrine is laid down in Tickle v. Brown (a), and Beasley v. Clarke (b). The enjoyment necessary... | |
 | Thomas Starkie - 1842 - 1186 Seiten
...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...be acquired, because it was not enjoyed as of right ; for the same reason it would not, if there had been unity of possession during all or part cf the... | |
 | Charles Davidson, Thomas Martin (of Lincoln's Inn.) - 1844 - 692 Seiten
...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...acquired, because it was not enjoyed ' as of right." For the same reason it would not, if there had been unity of possession during all or part of the time;... | |
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... 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... 
