Ewart v Cochrane

JurisdictionScotland
Date1861
Year1861
CourtHouse of Lords (Scotland)
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3 cases
  • Moncrieff v Jamieson and Others
    • United Kingdom
    • House of Lords
    • 17 October 2007
    ...on the servient tenement. The question is whether that principle can accommodate a right to park such vehicles there also. 27 In Ewart v Cochrane (1861) 4 Macq 117, 122-123, Lord Campbell LC said; "My Lords, I consider the law of Scotland as well as the law of England to be, that when two ......
  • J &O Operators Ltd, Beverley Wong, Eloise Mulligan and Grace Wong v Kingston & St. Andrew Corporation
    • Jamaica
    • Supreme Court (Jamaica)
    • 13 June 2005
    ...As a result, the second test has often, as in Horn v Hiscock, been glossed One influential gloss is that coined by Lord Campbell in Ewart v Cochrane [1861] 7 Jur NS 925. 4 Macq 117. 10 W R 3 and adopted by Cozens-Hardy in Schwann v Cotton [19I6] 2 Ch 459 . This requires a quasi-easement to ......
  • Donnelly v Adams
    • Ireland
    • Chancery Division (Ireland)
    • 7 December 1904
    ... ... In that case the Court of Common Pleas applied to rights of way the principle of the House of Lords' decision in Ewart v. Cochrane ( 3 ) (which was a case of drain to a cesspool in the servient tenement). In Clancy v. Byrne ( 2 ) the way was claimed over “a ... ...

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