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" is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. "
Commentaries on American Law - Page 477
by James Kent - 1889
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Reports of Cases, Decided in the High Court of Chancery: By the ..., Volume 1

Great Britain. Court of Chancery, Nicholas Simons, John Stuart - Equity - 1824 - 678 pages
...the consent of tbe other Proprietors, who may be affected by his operations, no Proprietor can either diminish the quantity of water, which would otherwise descend to the Proprietors below, nor throw the water back upon the Proprietors above. Every Proprietor who claims a right either...
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Commentaries on American Law, Volume 3

James Kent - 1826-1830 - 1828 - 432 pages
...language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must...water, which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment...
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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
...he may use the water while it ruus over his land, as an incident to the land, he cannot unreasonably detain it or give it another direction, and he must...water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment...
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The Practice of Conveyancing: Comprising Every Usual Deed ..., Volume 3

James Stewart - Conveyancing - 1831 - 754 pages
...the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water, which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above. Every proprietor who claims to be entitled...
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Commentaries on American Law, Volume 3

James Kent - Law - 1832 - 536 pages
...language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must...when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise...
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The Practice of the Law in All Its Departments: With a View of ..., Volume 1

Joseph Chitty - Civil procedure - 1833 - 1020 pages
...the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above. Every proprietor, who claims a right either...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1054 pages
...the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above. Every proprietor, who claims a right either...
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The Theory and Practice of Conveyancing, Volume 1

Solomon Atkinson - Conveyancing - 1839 - 708 pages
...the consent of the other proprietors, who may be affected by his operations. No proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water hack on the proprietors above. Every proprietor who claims a right either...
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Notes to Phillipps' Treatise on the Law of Evidence, Part 1

Esek Cowen, Nicholas Hill - Evidence (Law) - 1839 - 906 pages
...consent of the oilier proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water, which would otherwise descend to the proprietors below, or throw the water back upon the proprietors above." (Per Sir J. Leach, Vice Ch. in Wright v....
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must...water, which would otherwise descend to the proprietors below, nor throw theiwater back upon the proprietors above, without a grant, or an uninterrupted enjoyment...
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