Peebles v. Perkins

An owner of land caused it to be divided into lots and sold at public outcry with reference to a recorded plat showing the lots. On the land was a mill-pond; also a mill and gin operated by water-power afforded by the pond. In the division lot number one was the mill-pond which separately from the mill was valuable for fishing and hunting. The mill and gin were located on lot number three. The two lots were sold to separate persons on the same day, the sale of lot number one being first in the order of time. In normal conditions of rainfall and use of the water for the -mill and gin the water…