A much closer analogy, as it seems to us, is the case of a man selling the freehold of part of his house and granting to the purchaser, his heirs and assigns, the right, appurtenant to such part, to use the garden in common with the vendor and his assigns.
32.
The Atlanta Terminal Company, hereinafter called the carrier, owns and operates a passenger station and appurtenant facilities in the city of Atlanta, Ga . Its property includes 0.387 mile of first main track and 4.525 miles of yard tracks and sidings, aggregating 4.912 miles of all tracks owned and used.
33.
:" " the Court considers it as amounting to an overriding general principle of law that, in absence of express provision to the contrary, an attribution of territory must " ipso facto " carry with it the waters appurtenant to the territory attributed " ( ?07 Report and Decision of the Court of Arbitration ) ."
34.
The property of The Wichita Union Terminal Railway Company, hereinafter called the carrier, consists of 1.574 miles of main track and 7.536 miles of yard tracks and sidings, a total of 9.110 miles of all tracks, and of a passenger station and appurtenant terminal facilities, situated within the city of Wichita, Kans.
35.
According to Town Charter, the Board " shall have the exclusive care and maintenance of Edmond Town Hall and all grounds and buildings appurtenant thereto, together with all powers and duties prescribed for said Board by Special Act No . 98 of the 1931 session by which it was created, as amended by Special Act No . 517 of the 1953 session ".
36.
The Joplin Union Depot Company, hereinafter called the carrier, owns and operates a steam-railway terminal plant in the city of Joplin, Mo ., which occupies about 34 acres of land, and consists of a passenger depot, freight depot, 0.74 mile of main track, 5.657 miles of other tracks, and sundry appurtenant facilities.
37.
The property owned by the Richmond Terminal Railway Company, hereinafter called the carrier, consists of a passenger terminal, tracks, and other facilities appurtenant thereto, located in the city of Richmond, Va . The owned mileage consists of 4.475 miles of first main tracks and 2.262 miles of yard tracks and sidings, aggregating 6.737 miles of all tracks.
38.
The mill mentioned in the Domesday Survey as being in the manor of Walkhampstead became appurtenant to Marden on the division; it was generally said to be worth 20s . or 30s . a year, but an inquisition taken in 1349 after the Black Death stated that the mill was out of repair and had brought in nothing that year, as all who used to come there to grind were dead.
39.
However, Raynal has hinted that his current company, Ludo�d, which Raynal owns jointly with his wife, is attempting to negotiate the rights for a game to be called " Little Big Adventure 3 : Genesis of the Stellar Entity ", and at least one sketch, by Didier Chanfray, related to development of the title has been leaked to the public, later to be confirmed as appurtenant by Raynal.
40.
Attributed in Year Book 26 Hen 8 TT, p 4 c 15 ( ed 1679 ) to Fitzherbert J : " for one can create common appurtenant at this day, and one can alienate it, and sever it from the land to which it is appurtenant . . . " The author comments, at p 273, that " the passage . . . must be understood as applying only to common appurtenant for a certain number ".
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