
    Smith v. Simons.
    A writing which for a valuable consideration, grants liberty to flow a man’s lands for a number of years, is a lease within the meaning of the law, and must be recorded.
    Aotioet for erecting a mill-dam. on tbe west line of tbe plaintiff’s land, across a stream of water, and flowing bis meadow.
    Plea — Not guilty. Issue to tbe court. Tbe plaintiff proved bis declaration.
    Tbe defendant tben offered in evidence a writing under tbe band and seal of Flint, tbe original proprietor of said land, executed in A. D. 1755; whereby, for tbe consideration of £5, be 'granted to those under whom tbe defendant claims, liberty of flowing said land twelve years without restriction, and for eighty years in tbe winter half of tbe year; viz. from tbe 15th of November to tbe 15th of May annually. This writing was not recorded.
    The question put to tbe court — "Whether this writing is a lease which tbe law requires should be recorded, or only a license?
   By the Court.

It is a lease, and without being recorded is void as to purchasers. Judgment • — ■ That tbe defendant is guilty.  