 | Owen Davies Tudor - 1856 - 942 pages
...presumption of abandonment," said Alderson, B., " cannot be made from the mere fact of non-user. ' There must be other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something... | |
 | John Scott, Great Britain. Court of Common Pleas - 1859 - 518 pages
...other eircumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something which is adverse to the user. Here, the owners of the Stubbing Pits did not use the way in question, for the simple reason that they... | |
 | Leonard Shelford, Great Britain - 1863 - 926 pages
...other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment The non-user, therefore, must be the consequence of something, which is adverse to the user." A parol agreement for the substitution of a new nay for an old prescriptive way, and the consequent... | |
 | Leonard Shelford, Great Britain - 1863 - 930 pages
...observed in this case, " The presumption of abandonment cannot be made from the mere fact of non-user. There must be other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something,... | |
 | Francis Law Latham - 1867 - 324 pages
...of way, is acquired by adverse enjoyment, from the mere fact of non-user. The non-user in this case must be the consequence of something which is adverse to the user in order that such a presumption should arise. Ward v. Ward, 7 Ex. 838, per Alderson, B. (</) 8 East,... | |
 | Emory Washburn - 1873 - 830 pages
...Ward v. Ward, that " the presumption of abandonment cannot be made from the mere fact of non-user. There must be other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something... | |
 | William Henry Browne - 1873 - 720 pages
...easement, 1 the court said " the presumption of abandonment cannot be made from the mere fact of non-user. There must be other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something... | |
 | Leonard Shelford, Great Britain, Thomas Henry Carson - 1874 - 936 pages
...observed in this case, " The presumption of abandonment cannot be made from the mere fact of non-user. There must be other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something,... | |
 | Horace Gay Wood - 1875 - 976 pages
...other circumstances in the case to raise the E resumption. The right is acquired y adverse enjoyment. The non-user, therefore., must be the consequence of something which is adverse to the user." The non-user may be explained, as by showing that the person had no occasion for it, and, unless there... | |
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The presumption of abandonment cannot be made from the mere fact of non-user. There must be other circumstances in the case to raise that presumption. The right is acquired by adverse enjoyment. The non-user, therefore, must be the consequence of something... 
