The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1856-11-14
j. X. HERBERT,
Court Of Common Plea.
secrelary Of Inst. and AssocIallcn.

means OF n Cam across tue oauuusky ftNers AZ
their mill, at Fort Seneca, by reason whereof
plaintiff claims to have lost divers crops Of
corn, wheat, grass, &c.
The defense set forth was st, that'the dam
did no damage - that the lands would have
been flowed just the same without any dam.
3D. That defendants had the ight to ereci
their dam os hish as it is, by raro OF verbal Ii
cense, granted to the defendants in the yeor
lS45 by lzrael p, Haines, who then owned
the farm orthe plaintiff, ant under which lis
cense the defendants claimed to have erected
their mill
3. A pfesoriplive right to flow by virtue Of
continued occupancy undisputed fot 81 years
The evidence was somewhat conflicting as
to the effect Of the dam, and as to whether il
did cause the damage complained Of by plrn,
The evidence tended to show license as
followG When Pools we're erecting their dam
in 1916, Haines, under whom the plaintiff de-
rives title, came along aud Poole said to him
that he was about to erect dam, and said he
was going to build a mill that he had heard
that he, Haines, complained and objected TO
the erection of such dam, whereupon Ra,aes
replied that it did flow the water back upon
him, and that he did not want The dam erected
higher than il had been Lefore, when Bell had
il. This conversation was proved by some
two or three witnesses in substance. but the
evidence as to whether the dam had been
raised higher was also conflicting.
As to the prescriptive right, the evidence
showed that dam had been erected about 10
rods above this in 1888, but no mill was erect
ed then, aud shortly aner il was filled with
water it partly washed away, and was re
erected at its present location in the fall O.
1885, but remained % inches lower than it
now is until 1897, Wien it was raised.
This suit was commen oed in the fall OF '55'
w. p. & H. NopLE & Ike for plaintiff,
Contented that a verbal license was a mere
personal privnege-was void under the statute
against frauds and periuries, because not in
writing. That no such license would attach
to or run with the land and inasmuch as
Haines is dead and the lands passed into the
hands Of plaintiff without any record notice o.
any such license, the same void, and has no
binding force upon the plaintiff.
That even if such license vas granted, the
defendants can claim nothing under it, be-
cause they eercted their dam higher than the
license warranted.
Messrs. Bartlett & Hall Pillars, for defend
ants, contonded, that such license after the cree
ton of the mill and expending Of money under
the same, created an easement which attached to,
and run with the land oyeraowcd; and which is
binding upon all subsequent purchasers. They
also contcnded that the dam was no higher than
was authorized by the license.
The court charged the jury
That to entite plaintiff to recover damages they
must find
Isl, That by means of the dam the plaintiff has
been injuredi
Cd. Before the defendants co uld protect them
selves under precephye right, there must have
been continued adverse occupancy for p years
that title thus acquired is as good as Onyi
Sd. That where a verbe! or porol license is
granted under which a dam is erected mill built
and large amounts of money expended, the party
erecting the dam acquires an easement in all the
lands oyerHowedby the dam.
4th. That this easement runs with and attaches
to the land without any record-DOtice; into whose
ever hands the same may be transferred.
Verdict for defendants.
SPENCER sr JoHN vs. VILLAS c. Cole.
REPLEviN.-The plPfr brought suit to recover
possession of horse, which he claimed to have
loaned 10 defendant and which defendant wrong
| fully detained.
The defendant claimed that he received the
horse on contract to brake to work, ride and
drive; in consideration Of which he was to have
the use of the horse one year. That at the time
the horse was taken from him by the writ Of rep
levin, he had had the use of him but four months,
and that he had been deprived Of eight months
use Of the horse, for which he claimed $500 da-
images.
| Plaintiff proved that he let defendant have the
/ horse for one year, without consideration, as a
loan, With the rghtto reclaim possession at any
time when the horse was improperly used, or
whenever deft should remove, or keep the horse
away from Tiain That the horse had been kept
away, and defendants family had removed from
Tnin. wa0 ro1
w.P. a H. Noble for pltff J. O. Lee and
Geo, e sensy Cor def't, s. H
Verdict for pltF.
BENZ LrMoN ys. SAMUEL NET & WiFE,
This case has occupied seven days Of the court,
with an able array Of attorneys on each side. The
plPR brought suit for ISLANDERS uttered by def'ts
charging him with the crime Of incest, the party
implicated being plt'frs daughter The def'ts
plead the general issu e, denying the utteranee Of
the slandera, but undertook 70 prove the charge
by way OF mitigation Of damages, in which at
tempt they failed The jury returned z verdict
Of s4s3 and costs Of suit against The defendants
! costs about 1000 dollars. ST 'iet
Thisis one Of these horFib cases Of slander
which II established against man and his family
would be ten-fold worse than death 70 all Of them
If the charges are true, il becomes the duty o.
the citizen % bring them before the court Of JUS
tice for the severe penalty which awaits such 70
voting crimes. If they are not thus arraigneS
for punishment, every right minded man ousht Z
frown upoa the slanderers, as being on their YER
face false apd malicious, y vHol