Board of Trustees v. Reinhart

In 1846, the State of Indiana, by Stearns ' Fisher, her agent, made a lease of water power on the Wabash and Erie Canal, at Delphi, to one Robertson, to this extent, "viz: “ The use, &c., of so much of the surplus wale/, not required for the purposes of navigation, &e., as will he sufficient to propel a paper mill, not requiring more than four standard powers/"' &c.

The canal, water power, water rights, &c., subsequently passed to the Board of Trustees, &c., and the lease to Robertson passed by assignment to the plaintiffs.

The assignment was not approved by the chief engineer till some time…