Miller v. Lutheran Conference & Camp Association

Frank Miller (plaintiff), his brother Rufus, and others formed a corporation to build an artificial lake, and the corporation granted Frank, his heirs, and assigns the exclusive right to fish and boat on the lake's waters; Frank and Rufus also formed a partnership to build and run boat and bath houses, and Frank granted Rufus a one-fourth interest in the fishing, boating, and bathing rights. After Rufus died, his heirs began licensing lakefront property rights to others, including Lutheran Conference & Camp Association (defendant), permitting it to boat, bathe, and fish. Frank sought to enjoin Lutheran's bathing use, arguing the corporation never actually transferred bathing rights to him, or alternatively that the boating, fishing, and bathing rights were an indivisible easement in gross that he could not have granted a one-fourth share of to Rufus in the first place; Lutheran countered that Frank and Rufus had acquired the rights by prescription, making them divisible, and the lower court granted Frank's injunction.