Nicodemus v. Nicodemus

In 1829, John Mcodemus, under whom-the appellant claims, built a mill at or near “the Little Antietam Greek,” and dug a tail-race for the use of said mill, through the lands of Valentine Mcodemus, his father.

In 1835 Valentine the father died, and devised the lands through which the race was dug, to his son Jacob, the appellee, with the following reservation however to his son John:

“ Whereas, I have deeded to myson John a tract of land equally in worth to the above said two tracts of land adjoin*536iug the same, and whereas my son John has a tail-race through part of the land which I have hereby…