 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 itself, but a simple usufruct while...  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
...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 itself, but a simple...language of the law. Though 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... | |
 | Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...in the water itself, but a simple use for it while it passes along. Aqua currit it débet currere, 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... | |
 | Law - 1831 - 600 pages
...proprietors, above or below, unless he has a prior right to divert it, or a title to some exclusive 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. Though he may use the water while it runs over his land,... | |
 | John Smith Furlong - Landlord and tenant - 1845 - 830 pages
...above or helow him, unless he has a prior right to divert it, or a title to some exclusive 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 land, he cannot detain it for an unreasonable... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...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 itself, but a simple usufruct while it passes along. Aqua currit et dehct currere, is the language of the law. Without the consent of the adjoining proprietors, he cannot... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...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 itself, but a simple...while it passes along. < Aqua currit et debet currere ' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...prejudice of other proprietors, above or below, unless he has acquired a prior right to divert it. He has no property in the water itself, but a simple usufruct while it passes along. Any one may reasonably use it who has a right of access to it ; but no one can set up a claim to an... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 534 pages
...above or below him, unless he has a prior right to divert it, or a title for some exclusive enjoyment. He has no property in the water itself, but a simple usufruct as it passes along. ' Aqua currit et debet currere,' is the language of the law. Though he may use... | |
| |
