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From the conveyance of the dam to the Marcuses the grantor excepted and reserved the easement above described and restricted the use and imposed the obligations as above set out. The property of the appellants in the Big Island dam consists only of what was left after taking therefrom the easement retained therein by the grantor, and this property was subject to the conditions described. See also Ross Franko, Ohio St. McGurk, N. Marinette County, Wis. Additionally, the nine acres not owned by the appellants but included in the assessment of the Big Island property should be excluded therefrom.

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Record No. Supreme Court of Virginia. October 14, McClenny, for the defendant in error. Present, All the Justices.

The property involved consisted of two dams across the James River, one at Big Island and the other at Coleman Falls, and for the three years in question they were assessed as follows: "Marcuse, Milton E. Reversed and remanded.

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