Ellis

It is not necessary to decide whether the lands described in the complaint were withdrawn from disposition (by the Board of Tide Land Commissioners) by the first section of the Act of April 1st, 1872, (Stats. 1871-2, p. 926) or whether the plaintiff acquired an easement to drain into the “ open canal ” provided for in this act. Nor is it necessary to determine what *74 rights, if any, the defendants have acquired in the lands. The only right of plaintiff alleged is set forth in the complaint as follows:

This averment was not sustained by the evidence. We agree with the Court below that the Act of March 27th, 1874, (Stats. 1873-4, p. 711) did not operate a grant of the premises to plaintiff.

Judgment and order affirmed. Remittitur forthwith.