 | Simon Greenleaf - 1854 - 784 páginas
...principle on which the limitation was originally founded. been adverse, that is, under a claim of title, with the knowledge and acquiescence of the owner of the land, and unin" The question then is, whether the Courts in this country were not at liberty to adopt the English... | |
 | Theron Metcalf, Jonathan Cogswell Perkins - 1863 - 874 páginas
...the party claiming the easement to prove that the use was adverse, that is, under a claim of right, with the knowledge and acquiescence of the owner of the land, and that it was uninterrupted. Sargent v. Bailará, 9 Pick. 251. Gloucester v. Beach, 2 Pick. 60, note. Mcdford... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1510 páginas
...the party claiming the easement, to prom that die Hue was adverse, that is, under a claim of right, with the knowledge and acquiescence of the owner of the land, and that it wa> uninterrupted. A former owner of land had enjoyed an easement for less than twenty years, when... | |
 | Emory Washburn - 1864 - 912 páginas
...continued a sufficient length of time, adverse, under a claim of right, exclusive,-continuous, and uninterrupted, and with the knowledge and acquiescence of -the owner of the estate, in or over which, it is claimed, and while such owner was able, in law, to resist such enjoyment... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1314 páginas
...twenty years, but also that the enjoyment was continuous, uninterrupted, adverse, under a claim of right and with the knowledge and acquiescence of the owner of the land over which the alleged way passes, in the absence of any evidence of permission or license ; and such... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 páginas
...what is claimed must be shown to have been adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the estate in, over, or out of which the easement prescribed for is claimed, and while such owner was able... | |
 | Nevada. Supreme Court - 1868 - 630 páginas
...in the legal sense of the term ; that is, the right must have been asserted under a claim of title, with the knowledge and acquiescence of the owner of the land and uninterrupted. The burden of proving this is on the party claiming the easement. If he leaves it doubtful... | |
 | George W. Raff - 1871 - 360 páginas
...conditions : The use or possession must be adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the soil, and while such owner was able, in law, to resist the adverse claim and enforce his rights, if... | |
 | Emory Washburn - 1873 - 830 páginas
...enjoyment of what is claimed must have been adverse, under a claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the estate in, over, or out of which the easement prescribed for is claimed, and while such owner was able,... | |
 | California - 1874 - 870 páginas
...in the legal sense of the term; that is, the right must have been asserted under a claim of title, with the knowledge and acquiescence of the owner of the land, and uninterrupted. The burden of proving this is on the pnrty claiming the easement. If he leaves it doubtful... | |
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... under a claim of title, with the knowledge and acquiescence of the owner of the land and uninterrupted. The burden of proving this is on the party claiming the easement. If he leaves it doubtful whether the enjoyment was adverse, known to the owner... 
