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“The bill-states the plaintiffs to have been, since the 10th of April 1821, owners of a grist mill, situated on a branch of the Speedwell river, in Morris county, New Jersey, which, with the pond, the waters flowing into it, and all other appurtenances, they purchased on that day, at a sale thereof made by the administrator of Ural Tuttle, under an order of the orphan’s court, and received a regular conveyance therefor. That they took possession of the said mill with all its appurtenances at the time of purchase, and have been ever since in the quiet and uninterrupted possession of the said property. That this mill and mill seat have been the site of a mill, and used as such by those under whom the plaintiffs claim, for seventy years. That it has always been, and still is dependent for a sufficient supply of water on a branch of the Speedwell, which is formed by a junction of two smaller streams above the mill, which, by its natural course, empties into the plaintiffs’ said mill pond; the largest of which two smaller streams has its source in a group of natural springs, which rise near each other, in a tract of land belonging to one James Wood, about a mile and a quarter above the mill. That the said stream is essential to the value and-enjoyment of the mill, by the supply of water which it affords to the pond.”

Case Citation

4 Wash. C. C. 601