Judges: DODERIDGE, J.
Filed: Jul. 05, 1793
Latest Update: Mar. 03, 2020
Summary: Bucksdale held it was not, for it is a thing of necessity. He cited 4 Rep., 26. Benedicta est expositio quando res redimitur a destructione . Rent shall be extinct by unity, and so shall be a way. 14 H., 7. For they have no existence during the unity, and therefore they are gone. But it is otherwise of a thing which exists notwithstanding the unity. 12 H., 7, 4. Praecipe of a water course ought to be pro una acra aqua coopert . In 6 Jac., B. R., Chaloner and Moor . It was adjudged that an ejecti
Summary: Bucksdale held it was not, for it is a thing of necessity. He cited 4 Rep., 26. Benedicta est expositio quando res redimitur a destructione . Rent shall be extinct by unity, and so shall be a way. 14 H., 7. For they have no existence during the unity, and therefore they are gone. But it is otherwise of a thing which exists notwithstanding the unity. 12 H., 7, 4. Praecipe of a water course ought to be pro una acra aqua coopert . In 6 Jac., B. R., Chaloner and Moor . It was adjudged that an ejectio..
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A way shall be extinct. But distinguendum est, whether it is a way of ease. If it is, it shall be extinct; but otherwise if it is of necessity. A fence shall be extinct, for it is not of necessity, because in the beginning there were no fences. 11 H., 7, 25; 4 Rep., Terringham's case; 22 E., 2; Br. Extinguishment; 11 Dyer, 295; Jones, 145; 3 Bulstr., 339; Noy, 84; Poph., 166; Bendl., 188; 1 Roll., 936; Palm., 444; Hut., 110; Vin., 90; Vin. Entr., 355.
