 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898 - 766 pages
...and is not the subject of exclusive dominion or control. As Blackstone observes (2 Bl. Com. 18) : ' Water is a movable, wandering thing, and must, of...continue common by the law of nature; so that I can have only a App. Div.] SECOND DEPABTMENT, OCTOBER TERM, 1898. temporary, transient, usufructuary property... | |
 | Leonard Augustus Jones - Servitudes - 1898 - 838 pages
...be water in an open running stream, or water in a spring or well; " for water," says Blackstone,1 " is a movable wandering thing and must of necessity continue common by the law of nature. ' ' Such a right is an easement only and may be claimed by custom. " The spring of water is supplied... | |
 | William Blackstone, William Cyrus Sprague - Law - 1899 - 570 pages
...for the land that lies at the bottom, and must cail it twenty acres of land covered with water. For water is a movable, wandering thing, and must of necessity...pond into another man's I have no right to reclaim it. But the land which that water covers is permanent, fixed, and immovable ; and therefore in this... | |
 | Charles James Gale - Servitudes - 1899 - 656 pages
...enjoy them afterwards.' " And, 2 Blackstone's Commentaries, p. 18, ' Water is a move. Mason v. HM. able wandering thing, and must of necessity continue common...pond into another man's, I have no right to reclaim it.' " None of these dicta, when properly understood with reference to the cases in which they were... | |
 | Antero PĂ©rez de Yarto - 1899 - 94 pages
...los derechos sobre el agua." "For water is ruovable wauderingthing, and must "of necessity continué common by the law of nature "so that I can only have a temporary, transien, usu"fructuary property therein: therefore, ifabody of "water runs out of mi pond into another... | |
 | George Washington Kirchwey - Real property - 1900 - 596 pages
...for the land that lies at the bottom, and must call it twenty acres of land covered with water. For water is a movable, wandering thing, and must of necessity...pond into another man's, I have no right to reclaim it. But the land which that water covers is permanent, fixed and immovable ; and therefore in 1 1 Inst.... | |
 | George Washington Kirchwey - Real property - 1900 - 578 pages
...for the land that lies at the bottom, and must call it twenty acres of land covered with water. For water is a movable, wandering thing, and must of necessity...pond into another man's, I have no right to reclaim it. But the land which that water covers is permanent, fixed and immovable ; and therefore in 1 1 Inst.... | |
 | Rome Green Brown - Water - 1900 - 38 pages
...property, flowing water was not; and Blackstone says: "Water is a movable, wandering thing, and .mist of necessity continue common by the law of nature;...pond into another man's, I have no right to reclaim it. But the land, which that water covers, is permanent, fixed and immovable, and therefore in this... | |
 | Robert Campbell - Annotations and citations (Law) - 1901 - 864 pages
...Blackstone's Commentaries, p. 18, " Water is a moveable wandering thing, and must of necessity con[* 23] tinue common by the law of nature ; so that I can * only...pond into another man's, I have no right to reclaim it " None of these dicta, when properly understood with reference to the cases in which they were cited,... | |
 | Minnesota. State Board of Health - Minnesota - 1902 - 454 pages
...held that while land was the subject of private property, flowing water was not; and Blackstone says: Water is a movable, wandering thing, and must of necessity...pond into another man's, I have no right to reclaim it. Buy the land, which that water covers, is permanent, fixed and Immovable, and therefore in this... | |
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For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein... 
