Meloy v. Dougherty

By the Court,

Paine, J.

This action is brought to set aside an award. The parties owning lands in common, submitted it to arbitrators to make partition. An award was made dividing the lands, and subsequently a provision was added and made part of the award, giving each party the right to enter upon the lands awarded to the other, “ without let or hinderance; to make, construct, cut and use such ditches, levels, or water races, through the lands of the other, as the former of said parties may deem necessary and proper for taking and draining the water off of his land and mines thereon.” The…