14. Your orator further represents that the unknown heirs, devisees, legatees, personal representatives and assigns of the parties referred to in the preceding paragraph are included as defendants herein under section 22 of chapter 12 of said Act No. 314, and more than fifteen years have elapsed since the recording of their title, claims or liens herein complained of. Inasmuch, therefore, as your orator is without remedy in the premises, except in a court of equity, your orator prays:

I. That T. J. Provost, Sydney S. Derby, Calvin Smith, Pierpont L. Smith, Flavius J. Lake, Sydney Cushing, Frank B. Daniels, Johnathan E. Herrick, Samuel W. Dexter, Matthias L. Stewart, Hiram W. Hovey, Bowman W. Dennis and Sullivan R. Kelsey, Dennis & Kelsey, or their unknown heirs, devisees, legatees, personal representatives and assigns and any class of persons who by reason of any uncertainties, provisions, limitations, restrictions, stipulation, charges, agreements or understanding are claiming thereunder any right, title or interest in connection with their title to the premises described in paragraph one of this bill; and Herman Meier, Carrie Meier, Ernest Kelsey, Mary Kelsey, Emma Spangenberger. William Miles, Frank Alden, Ada Alden, P. Hadsell, Helen Hadsell, Township of Burns, Shiawassee County, Michigan; Fred S. Ruggles, Effie Rug-gles, George Downing, Emma Downing, William Betterly, Cora Betterly, Frank E. Tower, Mamie Tower, John N. Ripley, Vinnie Ripley, Edgar Calkins, Kilea Caulkins, Robert Coates, Elsie McGee, Lucy Kirkwood, Henry Faul, Charles Fritz, Henrietta Fritz, William Harper, Bertha Harper, and Frances Campbell, who are made parties defendant hereto, may be required to answer this bill of complaint, but not under oath, their answer under oath being hereby expressly waived.

II. That upon the hearing of this cause this Honorable Court will enter a decree quieting the title of your orator in and to the premises described in paragraph one of this bill, and in and to the right-of-way and easement, as an easement, described in paragraph nine of this bill, and declaring your orator to be the owner in fee simple of all the premises described in paragraph one of this bill, and the owner of the easement and right-of-way described in paragraph nine of this bill.

III. That by said decree of this Honorable Court said clouds referred to in said Bill of Complaint be removed from your orator's title in the premises described in paragraphs one and nine of this Bill of Complaint.

IV. That by the decree of this Honorable Court as against all defendants named in this Bill of Complaint your orator be given the right to flow the lands described in subdivision two of paragraph one of this bill of complaint, for the purpose of obtaining power for the operations of the mill located upon the first description of land in said paragraph one of this bill of complaint.

V. That all defendants named or unnamed herein be by a decree of this Honorable Court enjoined from interfering with your orator's right of possession of the premises described in paragraph one of said bill and from interfering with your orator's right of possession of the premises described in paragraph one of said bill and from interfering with your orator's right to use the easement and right-of-way described in paragraph nine of this Bill of Complaint.

VI. That your orator may have such other and further relief in the premises as shall be agreeable to equity and good conscience.

J. MARTIN MOORE. SETH Z. PULVER, Attorney for Plaintiff,

Business address, Owosso, Mich.

(c) Answer of Defendants Herman Meier, et al.- (Caption.) The answer of defendants, Herman Meier, Carrie Meier, Ernest Kelsey, Mary Kelsey, Emma Spangenberger, Perry Hadsell, Helen Hadsell, John N. Ripley, Minnie Ripley, Edgar Caulkins, Kilea Caulkins, Robert Coats, Elsie McGee, Lucy Kirkendol, Henry Faul, Charles Fritz, Henrietta Fritz and Frances Campbell and Fred L. Ruggles and Effie Ruggles, to the bill of complaint filed herein.

These defendants, answering said bill of complaint, or so much thereof as they are advised that it is material or necessary for them to answer, answering say:

1. These defendants have no knowledge as to whether Samuel W. Dexter was the owner of a piece of land such as described in paragraph one of said Bill of Complaint, but they are informed and believe and charge the truth to be that Samuel W. Dexter never took possession of or occu pied the land therein described.

2. These defendants further answering say that they have no knowledge, information or belief concerning the various deeds set forth in said Bill of Complaint further than stated in said bill, and from such statements, they have no information from which they can affirm or deny the existence or correctness of such deeds, and they leave plaintiff to his proof.

3. These defendants further answering deny that the blue print attached to said bill of complaint shows a correct survey or representation of any existing state of facts in and concerning said mill pond.

4. These defendants further answering admit that many years ago, the exact time they cannot state, plaintiff's grantors had a grist mill on the bank of the Shiawassee River on that part of section 24 west of the Grand River Road in the Township of Burns, and as to that portion of the land claimed by plaintiff west of the Grand River Road as now located none of the defendants make any claim, but these defendants deny that the land claimed by plaintiff and attempted to be described by him in his bill of complaint on the east side of said highway is how or ever was owned by plaintiff or used for the purpose of water power rights; and they deny that a dam was maintained continuously across the Shiawassee River and that the land claimed east of the Grand River Road was used for the purpose of operating said grist mill, and they deny that said property east of the said dam and the erection of a mill has been continuously used or operated for mill purposes down to the present time or down to within twenty years of the date of the filing of the bill of complaint in this cause. On the contrary they show to the court that many years ago, to-wit, more than fifty years ago, the Shiawassee River, so-called, which is supposed to make the mill pond here in dispute, was the north branch of the Shiawassee River, being a natural stream of water varying in depth from one to five feet and in width from twenty to thirty feet, having banks from five to twenty feet high, coming from the lakes over in Argentine, passing just south of the corporate limits of the Village of Byron and joining with the south branch, making the Shiawassee River proper; that at a point about forty rods east of the confluence of the two branches, the north branch of said river passed through high ground termed by some a hog-back or Indian mound. The said river was dammed across on said hog-back or rise of ground and a mill race cut through at the north of said hog's-back to supply water for running a grist mill, at which place also the defendants are informed and believe and charge a bridge was put across and for some time the road called the Grand River Road followed along on the natural rise of ground used as a dam for said mill pond; that, to-wit, for more than twenty-five years last past the highway has been moved and used at a point about thirty rods west of the place where the public used to drive their conveyances on said natural elevation, and that for all of such time, to-wit, for thirty years, or more, no highway or passageway of any kind has existed around or about said dam. On the contrary the original owners used and owned said land and have deeds of the same down to and including all of the land west of the land used as an embankment. And defendants further show to the court that at, to-wit, thirty years ago, a hole was made through the center portion of said hog's-back and a race was made for the purpose of running a saw mill; that such race continued to wear away the silt and embankment and for more than thirty years last past the original channnel of the Shiawassee River has been through the center portion of said hog's-back down to the junction with the south branch of the Shiawassee River instead of following its natural channel which was somewhat to the south of the saw mill channel, and the change also has practically emptied the water from the mill pond, and the Shiawassee River is now confined to its banks, except at times of a flood or freshet when there is a head of water in the low and marshy parts of said ancient mill pond, and in the low water and in dry weather said mill pond consists of ponds or mud-holes filled with logs, filth and decaying vegetation to such an extent that it is injurious to the health of all of the inhabitants whose lands adjoin said basin formerly used as a mill pond and which is miasmatic now and threatens the health of the inhabitants of the Village of Byron and the whole community in that vicinity.