A Brief Survey of Equity Jurisdiction Being a Series of Articles Reprinted From

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Dissenting; but, on error to the Exchequer Chamber, the judgment was unanimously reversed. On error to the House of lords, the judges were summoned, and they delivered their unanimous opinion in favor of affirming the judgment of the Exchequer Chamber, and for the reasons given by that court. The House itself also took the same view, and, therefore, tlie judgment was unanimously affirmed.
246 A BRIEF SURVEY OF EQUITY 'JURISDICTION.
run in favor of A ; and this proves that the tort consists, not... in making the excavation, but in causing B's soil to fall into it, and consequently that the right infringed is B's ownership of his own land, and not any right of his in A's land.
Suppose the surface of certain land belongs to A, while all the minerals under the surface belong to B, or that the upper part of a house belongs to A, while the lower part belongs to B, and B so conducts his mining as to cause A's soil to sink, or so conducts the repairs of his part of the house as to cause A's part to fall?

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