Daniels v. Citizens' Savings Institution

This is a complaint under the mill acts. The respondent answered in bar, that it had a prescriptive.right to maintain its dam at the height it had been for three years before the institution of the complaint.

The respondent’s title was under a deed from one Scott, who derived his title under a deed from one Ray, dated June 13, 1867. Ray derived his title, by intermediate conveyances, under a deed from John and David Kelly to Daniel Kelly, dated March 12, 1817. In this deed of John and David Kelly, referring to the pond to be raised by said dam, it is stipulated that “said pond is not to be…