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" ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water... "
Commentaries on American Law - Page 477
by James Kent - 1889
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Commentaries on American Law, Volume 3

James Kent - 1826-1830 - 1828 - 432 pages
...alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or...enjoyment; He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere^ is the language of the law....
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...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...enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat, is the...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...right to use the water to the prejudice of 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 itself, but a simple use for it while it passes along. Aqua currit it débet currere, is the language of the...
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The Law Times, Volume 17

Law - 1831 - 600 pages
...alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless he has a prior right to divert it, or a title...enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et débet currere is the language of the law....
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A Treatise on the Law of Landlord and Tenant, as ..., Book 90, Volume 1

John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...alteration : no proprietor has a right to use the water to the prejudice of other proprietors above or helow him, unless he has a prior right to divert...enjoyment : he has no property in the water itself, but a simple usufruct while it passes along, and though he may use the water while it runs over his...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - Equity - 1848 - 702 pages
...alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or...enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et dehct currere, is the language of the law....
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A Treatise on the Law of Easements

Charles James Gale - Servitudes - 1849 - 552 pages
...alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or...enjoyment. He has no property in the water itself, but a simple use for it while it passes along. Aqua currit et debet currere, is the language of the...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 pages
...alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or...enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. ' Aqua currit et debet currere' is the language of the...
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English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or...enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. < Aqua currit et debet currere ' is the language of the...
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Commentaries on American Law, Volume 3

James Kent - Law - 1854 - 684 pages
...alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. (1) He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit...
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