 | Emory Washburn - 1873 - 830 sidor
...adjoining each other, belonging to different persons, and one parcel lies lower than the other, that the lower one owes a servitude to the upper, to receive the water that naturally runs from it, provided the industry of man has not been used to create the servitude.2... | |
 | Isaac Grant Thompson - 1875 - 840 sidor
...the supreme court of Ohio said : "The principle seems to be established and indisputable that when two parcels of land belonging to different owners...man has not been used to create the servitude ; or in other words, more familiar to students of the common law, the owner of the upper parcel of land... | |
 | Melville Madison Bigelow - 1875 - 830 sidor
...other, the one below owes to the other a natural servitude to receive the waters which run naturally from it, provided the industry of man has not been used to create that servitude. Martin v. Jett. In thi.i case the learned court say, " Let us see to what extent the... | |
 | California. Supreme Court - 1879 - 716 sidor
...of Ohio said: "The principle seems to be established and indisputable that when two parcels of laud belonging to different owners lie adjacent to each...man has not been used to create the servitude; or in other words, more familiar to students of the common law, the owner of the upper parcel of land... | |
 | 1895 - 1060 sidor
...may be the diversity of opinion and decision elsewhere, In this state U is the settled doctrine that where two parcels of land, belonging to different...parcel lies lower than the other, the lower one owes a servi- j tude to the upper, to receive the water which naturally runs from It, provided the Industry... | |
 | Ontario. Legislative Assembly - 1893 - 472 sidor
...and indisputable, that where two pareels of land, belonging to different owners, lie adjacent to each other, the lower one owes a servitude to the upper...man has not been used to create the servitude. Or, in other words more familiar to the students of the Common Law, the owner of the upper parcel of land... | |
 | William John Tossell - 1912 - 832 sidor
...read from this same report, at page 342: "The principle seems to be established and indisputable, that where two parcels of land, belonging to different...man has not been used to create the servitude. Or, in other words more familiar to the students of the common law, the owner of the upper parcel of land... | |
 | William John Tossell - 1897 - 700 sidor
...say per Judge Brinkerhoff, at page 342: "The principle seems to be established and indisputable, that where two parcels of land belonging to different owners...the industry of man has not been used to create the servitute." And to the same effect is Tootle v. Clifton, 22 OS, 247. We are of the opinion that the... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - 1897 - 896 sidor
...opinion and decision elsewhere, in this state it is the settled doctrine that where two parcels ef land, belonging to different owners, lie adjacent...man has not been used to create the servitude ; or in other words, the owner of the upper parcel of land has a natural easement in the lower parcel, to... | |
 | Ohio. Circuit Court - 1908 - 678 sidor
...what is called a natural servitude to receive such waters as flow to and upon it from a higher one, provided the industry of man has not been used to create the servitude. The right which the higher tenement has to require the lower one to receive from it the surface water... | |
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The principle seems to be established and indisputable that when two parcels of land belonging to different owners lie adjacent to each other and one parcel lies lower than the other, the lower one owes a servitude to the upper to receive the water which... 
