Thomas Todd

“ If the general course of the one was south, and the other north, and the other running south, should turn east to form the junction, and the one running north should continue its course, then the land below the junction, would by every person be considered as dividing the one stream from the other. Take as an example that branch of Spencer's Creek, called Harper's Fork; suppose it the main stream, and that it formed a junction with Slate Creek instead of Spencer's Creek, could a doubt exist that the land on the lower side was the dividing ridge between that stream and Slate Creek? ”

“ We are therefore of opinion, that it would be extending the rules of construction too far to make this substitution, in support of the mistake of the few, against the knowledge of the majority; if a substitution could be permitted in any case. ”