Appellate Division of the Supreme Court of the State of New York July 1, 1902 (Potter v. Sumner)

Fdesman, J.

The complaint alleges that the plaintiff is the' owner of certain lands therein described which border on the Sacandaga river; that about 1841 one Barbour erected a dam about seven feet high across the river, by means of which the waters thereof were set back and raised about five feet upon the plaintiff’s land; that about 1883 the defendant became and now is the owner of the lands on