Kutz v. McCune

The defendant conveyed to the plaintiff a tract of land hy a deed containing the usual covenants of seizin and against incumbrances, without any exceptions to those covenants. At the time of the purchase, between thirty and forty acres of the. land were flowed hy a mill-pond created hy a dam on land not belonging to the defendant, which dam had been maintained long enough to create a prescriptive right in the owner of it, to flow the land in question. This action was brought for a breach of the covenants of seizin and against incumbrances, by reason of this existing right of flowing.

The…