Medler v. Hiatt

Suit by Hiatt against Medler on two promissory notes.

The defendant answered, in substance, that the notes were given for a piece of land (describing it) sold by the plaintiff to the defendant, and conveyed by deed containing covenants of seizin, against incumbrances, and of general warranty. A copy of the deed is set out. It is averred that there was a stream of water running through the land, and a mill-dam on the stream below the land, backing the water in the stream, and causing it to overflow the land, and “that the right to so back the water on the said land, and to so injure it, and…