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" Every proprietor of lands on the banks of a river has naturally an equal right to the use of the water which flows in the stream adjacent to his lands as it was wont to run (currere solebat) without diminution or alteration. "
Reports of Cases Decided in the Court of Appeals of the State of New York: 1871 - Page 518
by New York (State). Court of Appeals, Hiram Edward Sickels - 1872
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Commentaries on American Law, Volume 3

James Kent - 1828 - 432 pages
...Every proprietor of lands, on the banks of a river, has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run. (currere $olebat) without diminution or alteration. No proprietor has a right to use the water, to the prejudice...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 29

New Jersey. Court of Chancery - 1878 - 738 pages
...proprietor of lands, he says, on the banks of a river, has naturally an equal right to the use of the water which flows in the 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...
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Commentaries on American Law, Volume 3

James Kent - 1832 - 536 pages
...establishments. Every proprietor of lands on the banks of a river, has naturally an equal right to the use of the water which flows in the stream adjacent to his lands,...solebat,) without diminution or alteration. No proprietor ha» a right to use the water, to the prejudice of other proprietors, abo,re or below him, unless he...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 8

Jacob D. Wheeler - 1836 - 624 pages
...RICHARDS, 13 Mass. Rep. 420. No person has a right to use a stream of water to the prejudice ^rp0r°far,' j of other proprietors above or below him, unless he has a prior may use right to divert it, or to an exclusive enjoyment. He may use |.Uo*nger the water running over...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 pages
..." 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,...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...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - 1840 - 294 pages
...itself ; — but a simple use of it, while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another." "This," adds the same high authority, " is the necessary result of the perfect equality of...
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The Law Times, Volume 17

1831 - 600 pages
...Every proprietor of lands on the banks of the river, has naturally an equal right to the use of the water which flows in the stream 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...
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A Treatise on the Law of Landlord and Tenant, as ..., Book 90, Volume 1

John Smith Furlong - 1845 - 830 pages
...the water(a) flowing adjacent to his property, as it was accustomed to run in its natural channel, without diminution or alteration : no proprietor has...water to the prejudice of other proprietors above or helow him, unless he has a prior right to divert it, or a title to some exclusive enjoyment : he has...
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Reports of Cases Determined in the Court of Chancery of the State ..., Volume 3

New Jersey. Court of Chancery - 1846 - 688 pages
...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 solebat) without diminution or alteration. He has no right to use the water to the prejudice...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - 1848 - 702 pages
...lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal right to the use of the water which flows in the 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...
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