Select Cases And Other Authorities On the Law of Property
Select Cases And Other Authorities On the Law of Property
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484; Otis v. Smith, 26 Mass. 293; GiUiam v. Bird, 8 Iredell [Law] 280; Reynolds v. Cook, 83 Va. 817; McDowell V. King, 4 Dana [Ky. ] 67; Adams on Ejectment, 27; Newell on Ejectment, 38; Warvelle on Ejectment, 22. Mines, quar- ries, mineral oil and an upper room in a house are familiar examples. Is the unauthorized stringing of a wire by one pei-son over the land of another an ouster from possession to the extent that the wire occupies space above the surface as claimed by the plaintiff, or a me...re trespass or interference with a right incidental to enjojTnent as claimed by the defendant? Was the plaintiff in the undisturbed possession of his land when a portion of the space above it was occu- pied by the permanent structure of the defendant, however small? Was the space occupied by the wire part of the land in the eye of the law? What is "real property" ? What does the term include so far as the action of ejectment is concerned? The answer to these questions is found in the ancient principle of law : Cujus est solum, ejus est usque ad coelum et ad inferos.
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