Benson v. Soule

32 Me. 39

Opinion

Tenney, J.,

orally.—As the defendants have not controverted the title to the land flowed, it is to be considered in the complainant.

The right in the defendants to flow is not made out.

Though 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.