The Legal Examiner Volume 1

The Legal Examiner Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1832 edition. Excerpt: ...on which this action was brought was not properly a judgment, yet that the assessment by the jury, and the sanction of the judge, corresponded with a judgment recovered in an action, and by analogy to that, it was held that the sum awarded would bear interest. Lord Ellenborough, it should be observed, in his judgment in this case, seems to disclaim the intention of giving any opinion which might serve as a general rule. In the next article on this subject, it is proposed to enter upon the examination of the question, under what circumstances the Courts of this country will allow interest on a debt arising in a foreign country, and which would there carry interest, but on which, if it had arisen in this country, no interest would have, been allowed. THE LAW OF ANCIENT LIGHTS. ( Continued.) It has been already explained, that the right to the enjoyment of light and air, without obstruction, is acquired by mere user. It is now to be observed, that the extent of such right is determined by the extent of the user from which it is derived. The one is commensurate with the other. (See Phillips on Evidence, Seventh edition, Vol. I. p. 165.) If, therefore, a person, who has enjoyed a limited right of this nature for the period of twenty years and upwards, attempt afterwards to enlarge it, the occupier of the adjoining land may lawfully obstruct the use, to the extent of the newly usurped addition. The principle and spirit of this rule is evidently to control, not only the quantity (so to speak) of the right acquired, but its quality also. For instance, its effect, we contend, would be not merely o confine the owner of a privileged window to the precise space occupied by his window, but, if the window had been previously used as a passage for light alone, ..
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Product details

  • Paperback | 380 pages
  • 189 x 246 x 20mm | 676g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236583043
  • 9781236583048