 | Jacob D. Wheeler - Common law - 1836 - 644 pages
...Baxter, (2 Wrn. Black. 1228,) possession had been held seventythree years, under a lease for one thousand years. The party in possession was unable to produce...conveyances. The rational ground for presumption is, when the conduct^of the party out of possession cannot be accounted for without supposing that the estate has... | |
 | Mineral industries - 1856 - 494 pages
...proposed to be presumed, and that he had a legal right to prevent such enjoyment by proceedings at law. Presumption is, when the conduct of the party out of possession cannot be accounted for without presuming a conveyance. Kingston is. Lesley, 10 S. & R., 390. Baty vs. Ihrie, 1 Rawle, 218. The Frederician... | |
 | United States. Supreme Court - Law reports, digests, etc - 1857 - 688 pages
...intelligible than the principle on which a conveyance is presumed, it is well stated, as follows : " The rational ground for presumption is, when the conduct...supposing that the estate has been conveyed to the party in possession." (Kingston v. Lesly, 10 8. and R., 391.) "It is founded on the consideration,... | |
 | Emory Washburn - Servitudes - 1873 - 830 pages
...proposed to be presumed, and that he had a legal right to prevent such enjoyment by proceedings at law. Presumption is when the conduct of the party out of possession cannot be accounted for without presuming a conveyance. Silence or acquiescence, where one is not injured, and has no cause of complaint,... | |
 | Law reports, digests, etc - 1897 - 1148 pages
...presumption of a grant In Kingston v. Lesley, 10 Serg. & R. 383, Tllghman, CJ, said: "The rational ground lor presumption Is when the conduct of the party out of...has been conveyed to the one who Is In possession." In support of the proposition involved In the defendant's point, It is sufficient to refer to the following... | |
 | Law reports, digests, etc - 1886 - 868 pages
...proposed to be presumed, and that he had a legal right to prevent such enjoyment by proceedings at law. Presumption is when the conduct of the party out of possession cannot be accounted for without presuming a conveyance: Kingston v. Lesley, 10 Serg. & R. 390; Jiutz v. Jhrie, 1 Eawle, 218. The Frederician... | |
 | Law - 1897 - 494 pages
...of it. Hence the presumption of a grant. In Kingston v. Lesley, 10 Serg. R. 383, TILQHMAN, CJ, said: "The rational ground for presumption is when the conduct...has been conveyed to the one who is in possession." In support of the proposition involved in the defendant's point, it is sufficient to refer to the following... | |
 | Law reports, digests, etc - 1897 - 1212 pages
...Kingston v. Lesley, 10 Serg. & R. 383, Tilghman, CJ, said: "The rational ground tor presumption te when the conduct of the party out of possession cannot...has been conveyed to the one who Is In possession." In support of the proposition involved In the defendant's point, It is sufficient to refer to the following... | |
 | Joseph Kinnicut Angell - Law - 2000 - 468 pages
...proposed to be presumed, and that he had a legal right to prevent such enjoyment by proceedings at law. Presumption is when the conduct of the party out of possession cannot be accounted for without presuming a conveyance. Silence or acquiescence, where one is not injured, and bas no cause of complaint,... | |
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... can arise against a party on the ground of long enjoyment of a privilege by another, until it is shown that the privilege, in some measure, interfered with the rights of the party whose grant is proposed to be presumed, and that he had a legal right... 