 ... 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 544by James Kent - 1854Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...(Vol. Ill, § 52), lays down these principles as to the former. Every proprietor of lands, he says, on the banks of a river, has naturally an equal right...stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...principle governing this point is time stated by Chancellor Kent in his learned Commentaries (a): — " Every proprietor of lands on the banks of a river has naturally nn equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont... | |
 | Law - 1831 - 600 pages
...that it will be of advantage to cite it at length. " Every proprietor of lands on the banks of the river, has naturally an equal right to the use of...adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to the prejudice... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...case made. The difficulty is to apply the law. The natural rights of riparian owners are well defined. Every proprietor of lands on the banks of a river, has naturally an equal right to tlie use of the water which flows in the stream adjacent to his lands, as it was wont to run, (airrerc... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...Cowen'x, Rep.518. And see the valuable note on page 536. Every proprietor of lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal...stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1850 - 936 pages
...property, and as incidental to it. The law is laid down by Chancellor Kent, in 3 Com. 439, thus : " Every proprietor of lands on the banks of a river...naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit,... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...on this subject is most perspicuously stated, and it will be of advantage to cite it at length : " Every proprietor of lands on the banks of a river...stream adjacent to his lands, as it was wont to run, (currerc solebat,) without diminution or alteration. No proprietor has a right to use the water, to... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...trench or ditch, if by so doing he works no injury to the rights of others. Every proprietor of land on the banks of a river has naturally an equal right...water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless... | |
 | James Kent - Law - 1858 - 728 pages
...his cattle, cannot avail himself of the insufficiency of the fences in excuse of the trespass, (a) i (7.) Of running waters. Important questions have arisen...adjacent to his lands, as it was wont to run, (currere solebal,) without diminution or alteration.2 No proprietor has aright to use the water, to the prejudice... | |
 | Andrew White Young - International law - 1858 - 460 pages
...Every proprietor of lands adjoining a stream, has naturally an equal right to the use of the water that flows in the stream adjacent to his lands, " as it was wont to run." Each may use the water while it runs upon his own land ; but he can not unreasonably detain it, or... | |
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