Trustees of the Wabash & Erie Canal v. Brett

This was an action by the appellees against the appellants.

The complaint was in -two paragraphs, not essentially different, so far as the question presented for our decision is concerned. It is alleged, and appears by a copy of the instrument made part of the complaint, that the defendants, in 1855, leased to the plaintiffs and one Spink, an acre of land in Daviess county, and “ the use and occupation of so much of the surplus water of the Wabash and Erie canal, at the first lock above Maysville, in said county, not required for navigation,” as might be necessary to propel a mill of a…