Abel French, Jr. v. . Robert D. Carhart.

Summary

The Court of Appeals reversed the Supreme Court, holding that the 1829 deed’s reservation of "all creeks, kills, runs and streams of water" was absolute and included the right to use the water for milling, not limited to mining purposes. The decision was based on a construction of the reservation as incorporated from the 1793 lease and on the surrounding circumstances at the time of the conveyance. Two concurring opinions agreed with this construction.