32 Me. 39
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Complaint for flowing plaintiff’s land by means of a mill-dam. The defence set up was, that defendants, by user, had obtained the right to flow. It appeared that the dam had stood more than twenty-five years before the complaint was filed ; that it was as high in 1823 as at any later period, but by tightening it, the flowage had been greater. The defendants showed title to the dam and mills derived from Thatcher in 1836.
Decided 1850-07-01
¶1orally.—As the defendants have not controvert*40ed the title to the land flowed, it is to be considered in the complainant.
¶2The right in the defendants to flow is not made out.
¶3Though the flowing has continued for more than twenty-years, the defendants have shown no connection with it, beyond the year 1836, either by their occupation, or that of any person under whom they claim. Exceptions overruled.