JUDGMENT

1. This appeal arises out of a suit in which the plaintiff claimed a declaration that he and his lessees were owners of certain stretches of the river Asan and other reliefs. The Court of first instance granted the plaintiff a decree. The lower Appellate Court reversed the decree of the Court of first instance and dismissed the plaintiff's suit. The family to which the plaintiff Mr. James E. Powell and the defendant belong originally owned lands on the south side of the river Asan. They also owned land on the north side, but this part of the property does not appear to be in dispute in the present suit. In the year 1869 the family entered into an agreement for partition. The actual carrying out of this agreement occupied considerable time and involved disputes. The claim of Mr. James E. Powell apparently is that as the result of the partition he acquired land which abutted the river on the south side and also the bed of the river up to the middle of the stream, and this carried with it the exclusive right of fishing in the river at these points. It has not been very clearly shown whether the bed of the river was expressly partitioned, The lower Appellate Court has in realit