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" ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes, at his free will and pleasure... "
The Law of Torts: A Treatise on the Principles of Obligations Arising from ... - Page 137
by Frederick Pollock - 1890 - 616 pages
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 12

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1845 - 930 pages
...his property, whether it is solid rock, or porous ground, or venous earth, or part soil, part water ; that the person who owns the surface may dig therein,...the water collected from underground springs in his neighbour,s well, this inconvenience to his neighbour falls within the description of damnum absque...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 1

International law - 1845 - 544 pages
...his property, whether it is solid rock, or porous ground, or venous earth, or part soil, part water; that the person who owns the surface may dig therein,...pleasure ; and that if, in the exercise of such right, he interrupts or drains off the water collected from underground springs in his neighbour's well, the...
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - Legal maxims - 1845 - 544 pages
...property. Whether it is solid rock, or porous ground, or venous earth, or part soil and part water, the person who owns the surface may dig therein, and...to his own purposes, at his free will and pleasure (/) ; although, as already stated, he may in some cases incur liability by so digging and excavating...
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The Law of Pleading and Evidence in Civil Actions ..., Volume 2, Part 1

John Simcoe Saunders - Civil procedure - 1851 - 776 pages
...his properly, wheiher it be solid rock or porous ground or venous earth, or part soil, part water; that the person who owns the surface may dig therein, and apply all that is iherc found to his own purposes at his free will and pleasure; and that if in the exercise of such...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 196

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1918 - 854 pages
...his property, whether it is solid rock, or porous ground, or venous earth, or part soil, part water; that the person who owns the surface may dig therein,...to his own purposes at his free will and pleasure.' Here the impracticability of applying the rule of absolute ownership to the fluid, water, which by...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1852 - 616 pages
...Whether, therefore, it be solid rock, or porous ground, or venous earth, or part soil and part water, the person who owns the surface may dig therein, and apply all that is there found to his purposes, at his free will and pleasure ;5 although, as already stated, he may in some cases incur...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes ...

Joseph Kinnicut Angell - Water - 1854 - 732 pages
...is subterranean be solid rock, mines, or porous soil, or salt springs, or part land and part water, the person who owns the surface may dig therein and...apply all that is there found to his own purposes ad Until/it. The owner of the surface may, by excavating at the extremity, and under the surface of...
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The Practice in Courts of Justice in England and the United States, Volume 2

Conway Robinson - Actions and defenses - 1855 - 884 pages
...immediately below, whether it is solid rock, or porous ground or venous earth, or part soil, part water ; he may dig therein and apply all that is there found...own purposes, at his free will and pleasure ; and if in the exercise of such right he intercepts or drains off the water collected from underground springs...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 21

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1856 - 724 pages
...the soil has a right to all which lies beneath the surface. He may dig therein and apply all that is found to his own purposes, at his free will and pleasure. And if, in the exercise of such right, he intercepts or drains off the water from underground springs in...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 2; Volume 145

Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1858 - 956 pages
...his property, whether it is solid rock or porous ground, or venous earth, or part soil, part water ; that the person who owns the surface may dig therein,...intercepts or drains off the water collected from under ground springs in his neighbour's well, this inconvenience to his neighbour falls within the...
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