The following form of bill of complaint may be used to quiet the title to an easement consisting of the right to overflow certain lands for the purposes of a mill dam.

State of Michigan, in the Circuit Court for the County of

...................., in Chancery; to the Circuit Court for the County of...................., in Chancery:

The plaintiff herein, John Doe, of the City of............, County of...................., and State of Michigan, complains of the defendants herein (here name as defendants all persons who claim any interest in the property), and respectfully shows unto this Honorable Court as follows:

1. That upon, to-wit: the....................day of...................., A. D.

19...... (here state the date that the easement was first established), Richard Roe was the owner of the following described real estate, to-wit: (here insert complete legal description of the real estate).

2. That on or about said date, a certain mill for the purpose of grinding flour, commonly known as a grist mill, was located upon said premises; that a portion of said land was used in the regular business of operating said mill, and the remaining portion thereof was used for the purpose of damming up the water thereon, for the purpose of maintaining a dam across the....................river, which dam was used for the purpose of furnishing power to operate said mill; that said dam was first constructed on or about the....................day of...................., and from the date of the construction of said dam as aforesaid, the same mill has been operated continuously, and that all of the above described real estate has been continuously overflowed by the waters which have been impounded for the purpose of operating said mill by means of the power arising from said dam.

3. That the said John Doe and his assigns, including this plaintiff, have occupied said lands for the purpose of a mill race continuously, openly, and adversely, for a period of forty years, and have thereby acquired an easement upon said lands, which easement consists in the right of this plaintiff to overflow said lands for the purposes of said mill race.

4. That this plaintiff has acquired title to said easement in the following manner: (here state plaintiff's chain of title, describing briefly the conveyances, if any, to which plaintiff claims title).

5. That the defendants herein, who are the owners of the fee encumbered by such easement, are claiming that this plaintiff does not have the right to overflow such lands, and are circulating statements in and about the neighborhood to this effect, and further that certain of such defendants, (here insert their names), have conveyed certain parcels and tracts of real estate covering the property which is servient to such easement (here describe such conveyances, giving legal description of the property, date of conveyances and to whom same are made), and in such conveyance have warranted that such real estate was free and clear from all encumbrances, which statements and conveyances cast a cloud on the right of the plaintiff to use and enjoy such easement, and tends to embarrass plaintiff in effecting a sale of said property, as the enjoyment of said easement to overflow said lands is absolutely essential to the operation of said mill, and if the plaintiff's title is defective in respect to such easement, it would be impossible for plaintiff to effect a sale of said mill property.

6. That plaintiff has no adequate relief except in a court of equity.

Wherefore plaintiff prays that a decree be entered quieting title of this plaintiff in and to the easement consisting of the right to overflow said land in the manner and to the extent hereinbefore described and further decreeing that this plaintiff is the owner of such easement and that all of said defendants have no right to interfere with plaintiff's full and complete enjoyment of such easement.

(a) That said defendants be permanently enjoined from interfering with plaintiff's enjoyment of such easement.

(b) That plaintiff may have such other, further, and different relief in the premises as shall be agreeable to equity and good conscience.

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.......................................

Plaintiff. Attorney for Plaintiff.

State of Michigan, County of....................

ss.

John Doe, being first duly sworn, deposes and states that he has read the foregoing bill of complaint by him subscribed and knows the contents thereof and that the same is true of his own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters, he believes it to be true.

Subscribed and sworn to before me this..........................day of

........................, A. D. 19.......

...........................................................

Notary Public, Wayne County, Michigan. My commission expires..................................................................