A Treatise On the Principles And Practice of the Action of Enjectment And the R

John Adams

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Kineto, Cro. Jac. (c) Molineaux v. Molineaux, 150. Comyn v. Wheatly, Noy. Cro. Jac. 144. Herbert v. Laugh- 121 - lyn, Cro. Car. 492. Waddy v.
(6) Doe. D. Hanley v. Wood, 2 Newton, 8 Mod. 275277.
B. & A. 724. Crocker v. Fothergill, (d) I T. R. 358. 2 B. & A. 652.
AN EJECTMENT WILL LIE. 21 ment; trespass will lie for an injury to it, and it may be recovered in ejectment. " But an ejectment will not lie for a watercourse or rivulet, though its name be mentioned, because it is impossible to give ex...ecution of a thing which is transient, and always running. When, however, the ground over which the rivulet runs, is the pro- perty of the claimant, the rivulet may be recovered, by laying the action for tf so many acres of land covered with water. " (a) An ejectment may be main- tained for a pool, or pit of water, because those words comprehend both land and water, (b) The owner of the soil may maintain an ejectment for land, which is part of the king's highway; because, though the public have a right to pass over it, yet the freehold and all the profits belong to the owner.

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