Postlethwaite v. Payne

Perkins, J.. Jrayne sued Jrosuemwaite and others, tor injury which, had occurred to his land and mill by means of water backed upon them by a dam maintained by said Postlethwaite et al., across Patolia river. The defendants, in their answer, denied the complaint; alleged a license from Payne; and averred, “ That the defendants have a clear right to maintain said dam, because they say that it was erected in the year 1826 by Chapman and Miller, to propel a grist and saw mill, which has been continuously maintained and used by them, and by other persons, including the defendants, without…