M'Cracken v. Sanders

OPINION of tlie .Court, by

Judge Owsiey.

M’-Cracken liaving obtained a judgment in ejectment against Sanders for a mill, &c. Sanders exhibited his bill in equity, with injunction, alleging the purchase and conveyance of 157 acres of land from M’Cracken; but which, according to the description in the deed, does not include the mill, &c. though, he furthermore charges, it was expressly agreed between him and M’Cracken that he should have the privilege of building a mill upon the north fork of Elkhorn, adjoining the land described in the deed ; and that in pursuance of that agreement he has…