Heffelman v. Otsego Water-power Co.

Plaintiff sued defendant for overflowing his land. It appeared that in 1866, in consequence of a dispute concerning flowage, an arbitration was had which resulted in an agreement whereby, in consideration of $75, a 99-years’ privilege was granted defendant to raise the water, according to the following terms:

“ The arbitrators have caused a survey to be made, and marks to be made by the county surveyor, which said marks are to designate the height to which the said water-power company, or their successors and representatives, are to raise the dam across the Kalamazoo river, and which marks are…