Page:Federal Reporter, 1st Series, Volume 6.djvu/560

 548 nm^RiTi bspobteb. �water right was in no way connected with or appurtenant to any real property owned by said grantees, or that described in the mortgages to the plaiptifif or defendant Apperson ; that on August 10, 186e, said grantees acquired said lot 8 as ten- ants in common, in the same proportion as they owned the water right; that on March 8, 1865, said Moore, Mar&hall, Stevens, and the heirs of said Switzler, then deceased, ac- quired said lots 5 and 6 in the same proportion, and on June 7, 1866, the suceessors in interest of said Switzler conveyed to said Moore, Mar&hall, and Stevens the undivided one-fifth of said lots 6, 6, and 8, and water right and easeraent j that on June 8, 1866, said Moore, Marshall, and Stevens conveyed to the Oregon City Paper Manufacturing Company said lot 6, and the undivided half of said easement and water right, reserving six feet and four inehes in width along the easterly side of said lot, and within the walls of the building then being built thereon, on which to construct a flume or pen- stock, for the purpose of conveying water for the equal use of the parties in said deed and their assigns, and also a strip of land two feet and six inohes in width on either side of the northerly line of said lot 5, to be used by said parties and their assigns as a tail-race ; that on March 4, 1868, said Or- egon City Paper Manufacturing Company conveyed its inter- est as aforesaid in said lot 6, and easement and water right, to A. I. Block; that on August 22, 1868, said Marshall con- veyed to said Moore the undivided one-fourth of said lots 6, 7, and 8, and also the undivided one-eighth of said easement and water right; that on June 26, 1869, said Stevens con- veyed to said Moore the undivided one-fourth of said lots 6, 7, and S, and the undivided one-eighth of said easement and water right; that on September 7, 1868, said Block conveyed said lot 5, and the undivided half of said easement and water- power, to the defendant Miller, C. P. Church, and said Mar- shall, — one-half to said Miller, and one-fourth to said Church and Marshall each; and on September 4, 1876, said Marshall conveyed to said Church the undivided one-fourth of said lot 6, together with the "tenements, hereditaments, and appur- ��� �