 | 1871 - 982 sivua
...an opinion in which we concur that, even in a case of right of way, if there was a formed road mode over the alleged servient tenement to and for the...might pass by a conveyance of the dominant tenement under the ordinary general words. We do not think it necessary to go through the large number of cases... | |
 | Great Britain. Court of Chancery - 1871 - 1008 sivua
...opinion, in which we concur, that even in the case of a right of way, if there was a formed road made over the alleged servient tenement, to and for the...two or three of them. In the old case of Nicholas v. Cliamherlain (2) it was held by all the Court, upon demurrer, that if one erects a house, and builds... | |
 | Great Britain. Magistrates' cases - 1873 - 708 sivua
...opinion, in which we concur, that, even tn the case of a right of way, if there was a formed road made over the alleged servient tenement to and for the...through the large number of cases cited in the argument, for it will be sufficient to refer to two or three of them. In the old case of Nicholas v. Chamberlain... | |
 | Great Britain. High Court of Justice. Common Pleas Division - 1880 - 610 sivua
...opinion, in which we concur, that, even in the case of a right of way, if there was a formed road made over the alleged servient tenement to and for the...dominant tenement with the ordinary general words." Kay v. Oxley (3) was also (1) Law Rep. 3 Ex. at p. 171. (2) Law Rep. 6 Ch. App. at p. 174. relied upon,... | |
 | 1888 - 892 sivua
...that oven in the case of a right of way, if there was a formed road made over the alleged servicnt tenement, to and for the apparent use of the dominant tenement, a right of way over Midi road might pass by a conveyance of the dominant tenement with the ordinary general words." This... | |
 | 1888 - 1088 sivua
...ia the case of a right of way, if there was a formed road made over the alleged eervient finement, to and for the apparent use of the dominant tenement, a right of way over euch road might pasa by a conveyance of the dominant tenement with the ordinary general words." Tim... | |
 | Ontario. High Court of Justice - 1890 - 848 sivua
...Street, J. is reasserted that such an implication may arise in the case of a formed road made over an alleged servient tenement to and for the apparent use of the dominant tenement. To the same effect is the language of Lord Campbell in Ewart v. Cochrane, 4 Macq. at p. 122, and that... | |
 | Leonard Shelford, Thomas Henry Carson - 1893 - 944 sivua
...exception to the principle of Polden v. Bastard (sup.) existed in tho case of a formed road made over an alleged servient tenement to, and for the apparent use of, the dominant tenement ; in which case a grant may be implied. The exception applies not only to the case of a grant, but... | |
 | Marcus Tullius Hun - 1881 - 816 sivua
...think, was insufficient for that purpose. A review of the adjudged cases on this subject is unnecessary. It will be sufficient to refer to two or three of them. (JBoyse v. Bossborough, 6 HL Ca., 2, 47; SJiaUer v. Bumstead, 99 Mass. 112; Tyler v. Gardiner, 35 NY,... | |
 | India, Richard Brooke Mitchell - 1898 - 414 sivua
...there has been engrafted by other decisions an exception in the case of a formed road made over an alleged servient tenement to and for the apparent use of the dominant tenement (per BEAMWELL, B., in Langley v. Hammond (2) ; Watts v. Kelson (3) ) ; and if the exception arises... | |
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We may also observe that, in Langley \. Hammond (1), Baron Bramwett expressed an opinion, in which we concur, that even in the case of a right of way, if there was a formed road made over the alleged servient tenement, to and for the apparent use of the... 
