Stephens v. Benson

Suit for overflowing lands by the erection of a mill-dam.

Answer. Setting up an unsealed, unacknowledged, but signed and recorded instrument in writing, made by Hall, the grantor of Benson, the plaintiff, as follows:

“ Whereas, John Stephens, James O. Shultz, and Don. Short, contemplate erecting a dam across the Tippecanoe river, about six miles below Winnemac, near Esquire Brown’s, on lots Nos. 3 and 6, in section 9, township 29, north, of B. 2, west, and contemplate the erection of mills below said dam, to the hight of six feet; and whereas, we, the undersigned, the occupants and owners of…