Lane v. Miller

This case is now in this court, for the third time. 17 Ind. 58; 22 id. 104. The action is for the wrongful flowage of the water of Lost river over the land of the appellant hy the erection of a mill dam.

The answer of the defendants consists of four paragraphs. 1. The general denial. 2. A proceeding under a writ of ad quod damnum. 3. That the defendants, and those from and *536tinder whom they claim and derive title, for more than twenty years next before the commencement of this action, had adversely and continuously enjoyed and used as their own, under claim of right, the right to flow the water…