A Practical Treatise on the Law of Window Lights

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Saunders and Benning, 1833 - 86 Seiten
 

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Seite 28 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Seite 42 - Provided also, that the time during which any person otherwise capable of resisting any claim to any of the matters before 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...
Seite 41 - EVIDENCE. tioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received...
Seite 31 - Each of the respective periods of years hereinbefore mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been, or shall be brought into question...
Seite 40 - That in all Actions upon the Case and other Pleadings, wherein the Party claiming may now by Law allege his Right generally, without averring the existence of such Right from Time immemorial, such general Allegation shall still...
Seite 41 - ... be deemed sufficient; and if the same shall be denied, all and every the matters in this Act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation...
Seite 41 - ... that in all pleadings to actions of trespass, and in all other pleadings wherein before the passing of this act it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement, in respect whereof the same is claimed, for and during such of the periods mentioned in this act as may be applicable to the case, and without claiming in the name or right of the owner of the fee,...
Seite 79 - CJ, reserved the point, and directed the jury to find a verdict for the plaintiff, with liberty to the defendant to move to enter a nonsuit. A rule nisi for that purpose having been obtained in last Michaelmas Term, — Marryat and Chitty now showed cause.
Seite 32 - ... 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 13 - ... so being near, adjacent, or adjoining, by and according to the custom of the said city, in the same city for all the time aforesaid used and approved, well and lawfully may, might, and...

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