KNAPPEN, Circuit Judge.
This appeal grows out of the following state of facts:
The Miami & Erie Canal, constructed by the state of Ohio (as part of its system of public navigable canals), and completed by the year 1845, extended from Cincinnati northerly to and through Defiance; thence northeasterly along the Maumee river, into and through the city of Toledo, to Lake Erie. The part of the canal involved in this case lies on the northerly side of the Maumee...
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