Torrance v. Conger

This action was originally tried before a referee and an appeal taken to the general term of the eighth district. In it was involved the construction of the following covenants in a deed conveying a *19flouring and grist-mill. “ Together with the privilege of taking from the mill-race three hundred and seventy-five inches of water, under a thirteen feet head, at all times when there shall be so much water in said race more than shall be necessary to drive, advantageously, the grist-mill upon the above-described premises, with two run of stone, one saw-mill, as the same is now used on said race,…