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" Ellenborough says, if the owner of the soil throws open a passage, and neither marks by any visible distinction that he means to preserve all his rights over it, nor excludes persons from passing through it by positive prohibition, he shall be presumed... "
Reports of Cases Determined in the Supreme Court of the Territory of Utah - Página 488
de Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, H. Arnold Rich, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton - 1881
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 páginas
...l'amp!iin,Cra. Kliz. 406. In an indictment for obstructing an highway, Elknboroiigh, CJ said, if the owner <jt a soil throws open a. passage, and neither marks by...preserve all his rights over it, nor excludes persons by positive prohibition, he slial1 be presumed to have dedicated it to the public. Rex v. Lloyd, l...
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The Justice of the Peace, and Parish Officer, Volume 2

Richard Burn - 1820 - 880 páginas
...dedication to tht public. By setting out a highway the owner does not part with the properly of the toil. that he means to preserve all his rights over it,...shall be presumed to have dedicated it to the public, and Unit, although the passage were originally intended for pivate convenience, when the public have...
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A Treatise on the Law of Actions Relating to Real Property, Volume 1

Henry Roscoe - 1825 - 838 páginas
...the land to the public, so far as the public have occasion for it ; ie for a right of passage. (</) If the owner of the soil throws open a passage, and...rights over it, nor excludes persons from passing over it by positive prohibition, he shall be presumed to have dedicated it to the public, (e) But proof...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1831 - 788 páginas
...sufficient. Doe u. Marqiiis of Cleveland, 9 B. and C. 864. Presumption of dedication of way to the public.^ If the owner of the soil throws open a passage, and...rights over it, nor excludes persons from passing over it by positive prohibition, he shall be presumed to have dedicated it to the public ; Per Lard...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 31

United States. Supreme Court - 1832 - 832 páginas
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1880 - 1042 páginas
...cases are well laid down, by Lord Ellenborough, in the case of The King v. Lloyd, when he says, '.' If the owner of the soil throws open a passage, and...shall be presumed to have dedicated it to the public. Although the passage in question was originally intended only for private convenience, the public are...
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Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ...

Frederick Augustus Carrington, Great Britain. Court of King's Bench, Joseph Payne - 1833 - 668 páginas
...steward is notice to the landlord." In the case of Rex v. Lloyd, 1 Camp. 260, his Lordship said, " If the owner of the soil throws open a passage, and...shall be presumed to have dedicated it to the public." But, in Roberts v. Karr, Id. 262, where a bar had been at first put up, which was soon knocked down,...
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Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ...

Frederick Augustus Carrington, Great Britain. Court of King's Bench, Joseph Payne - 1833 - 662 páginas
...steward is notice to the landlord." In the case of Rex \. Lloyd, 1 Camp. 260, bis Lordship said, " If the owner of the soil throws open a passage, and...means to preserve all his rights over it, nor excludes persona from passing through it by positive prohibition, he shall be presumed to have dedicated it...
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Reports of Cases Relating to the Duty and Office of ..., Edição 15,Volume 1

Great Britain. Court of King's Bench - 1834 - 682 páginas
...steward is notice to the landlord," In the case of Rei v. Lloyd, 1 Camp. 260, his lordship said, " If the owner of the soil throws open a passage, and...-that he means to preserve all his rights over it, nor excludi-s persons from passing through it by positive prohibition, he shall be presumed to have dedicated...
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The Justice of the Peace and Parish Officer, Volume 3

Richard Burn - 1836 - 1178 páginas
...Lord Ellenborough CJ, that although a place be not a thoroughfare, yet if the owner of ¡he soil throw open a passage, and neither marks by any visible distinction...shall be presumed to have dedicated it to the public, and that although the passage were originally intended for private convenience, when the public have...
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