Jordan v. Lang

Citations

• 22 S.C. 159
• 1885 S.C. LEXIS 8

Syllabus

<p>1. The meaning of one portion of a charge determined by comparison with another.</p> <p>2. The use of running water for irrigating purposes for twenty years establishes a prescription, although the same amount was not actually used during every year of that period.</p> <p>3. Alleged error in a hypothetical charge not considered.</p> <p>4. An omission to charge a proposition not requested, not considered.</p> <p>5. An adverse use of water for twenty years against successive owners of the servient soil, is sufficient to establish a prescription.</p> <p>6. Ineffectual protests short of the assertion of a legal right can have no effect in preventing the presumption of a grant from adverse use, but rather tends to strengthen the character of the use as adverse.</p> <p>7. The owner of a dominant tenement has the right to divert and use so much water as he has by his labor added to the quantity in the running stream.</p>