John McLean

“ But other witnesses equal in number, say, that they would have been led by these calls to look for Garnett's land on M'Connell's run, or some one above that of Lecompt's.
Here are differences of opinion among the witnesses, in regard to an essential fact, and if there were no other guide than the opinion of the witnesses, as stated in their depositions, it might be difficult for the court to come to a satisfactory conclusion. It is true, the affirmative facts must be proved by the complainants, before they can affect the rights of the defendants. ”

“ Had the witness been called on to designate the seventh big fork falling into North Elkhorn on the north side, he should have named M'Cracken's run. He thinks that Lecompt's run is one or two and twenty miles below Bryant's station. In 1775 Lane's run and M'Cracken's run had their names given to them. These runs, at their mouths, are some smaller than the others, but they branch out into a body of very good land as large as the others, though the witness does not think they are as long. ”

“ The defendants are in possession of the land, and have been for many years, some or all of them, under legal titles, and the complainants seek to recover the land on the ground of their superior equity. Interests thus acquired, and which have been so long enjoyed, ought not to be disturbed by an equitable claim which is not clearly established. ”

“ It is true the course of streams of water may change by time, and their currents and volume of water may be contracted or expanded, but such calls generally contain greater certainty and can be more easily established, than those which are artificial. ”