Curtis v. Norton

Complainant is owner of a mill at Pokagon in Cass county, the title to which is traced through mortgage foreclosures back to defendant, who owned it in 1869. In that year, and before he mortgaged to Mr. Paine, complainant’s grantor, defendant, placed his dam on a piece of land which is not included in the mill lands as specifically described, and this dam and the race connected with it furnished the water to the mill. Complainant bought in 1888 when defendant was in possession. After defendant went out, he let out the water from his dam, and the bill in this case was filed to enjoin him…