 | John Norton Pomeroy - 1893 - 640 strani
...settled to be a right incident to property in the land.' In another case the same judge says:4 ' It is inseparably annexed to the soil, and passes with it, not as an easement or as an appurtenance, but as parcel. Use does not create it, and disuse cannot destroy nor suspend it.'... | |
 | Clesson Selwyne Kinney - 1894 - 854 strani
...Stanford vs. Felt,3 laid down the doctrine upon this subject as follows: " By the common law of England the right of the riparian proprietor to the flow of...the soil and passes with it. Not as an easement or appurtenant, but as a part and parcel of it. Use does not create the right, and disuse cannot destroy... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1895 - 798 strani
...v. Haggin, 69 Cal. 255 (10 Pac. 674). The right of the riparian proprietor to the How of the water is inseparably annexed to the soil, and passes with it, not as a mere easement or appurtenance, but as part and parcel of it. Use does not create, and disuse cannot... | |
 | Abraham Clark Freeman - 1898 - 1044 strani
...Ar.gell on Watercourses, sec. 5. "By the common law," says the court in Lux v. Haggin, 69 Cal. 255, 390, "the right of the riparian proprietor to the flow...passes with it, not as an easement or appurtenance, hut as part and parcel of it. Use does not create the right, and disuse cannot destroy or suspend it.... | |
 | John Downey Works - 1900 - 140 strani
...by upper proprietors.' (Angell on Watercourses, c. 4, passim.) "The right to the flow of the water is inseparably annexed to the soil, and passes with it, not as an easement or appurtenant, but as a parcel. Use does not create, and disuse cannot destroy or suspend it. Each person... | |
 | Oscar Tully Shuck - 1901 - 1236 strani
...by upper proprietors.' (Angell on Watercourses, c. 4, passim.) "The right to the flow of the water is inseparably annexed to the soil, and passes with it, not as an easement or appurtenant, but as a parcel. Use does not create, and disuse cannot destroy or suspend it. Each person... | |
 | Thomas Carl Spelling - 1901 - 1004 strani
...relief by injunction. * See Wright ». Howard, 1 S. & S. 203. " The right to the flow of the water is inseparably annexed to the soil, and passes with it, not as an easement or appurtenant, but as a parcel. Use does not create, and disuse cannot destroy and suspend it. Each person... | |
 | 1905 - 992 strani
...over it. Angel), Watercourses, §5. "By the common law," says the court in Dux v. Higgin, 69 Cal. 255, "the right of the riparian proprietor to the flow...the stream is inseparably annexed to the soil, and pusses witb it, not as an easement or appurtenance, but as part and parcel of it. Use does not create... | |
 | California. Supreme Court - 1906 - 748 strani
...— Id. 21. COMMON LAW AS TO RIPARIAN RIGHTS — EXTENT AND NATURE OF RIGHT. — By the common law, the right of the riparian proprietor to the flow of...with it, not as an easement or appurtenance, but as a part and parcel of it. Use does not create the right, and disuse cannot destroy or suspend it. The... | |
 | California. Supreme Court - 1906 - 780 strani
...stated in the opinion of the court. Byron Waters, Kellogg & King, and William 0. Webb, for Appellant. The right of the riparian proprietor to the flow of...the soil, and passes with it, not as an easement or appurtenant, but as a part and parcel of it. Use does not create the right, and disuse cannot destroy... | |
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the right of the riparian proprietor to the flow of the stream is inseparably annexed to the soil, and passes with it, not as an easement or appurtenance, but as part and parcel of it. Use does not create the right, and disuse cannot destroy or suspend... 
