This section contains the nature of the case and procedural background.

Shallcross Lake was formed as a mill pond in the mid-1700s, by the erection of a dam on a branch of Drawyers Creek. The lake is fed by springs, rainfall, water runoff from adjacent lands, and two small streams. In 1921, D purchased the lake and other land from Mary E. Shallcross for use as a private hunting and fishing club. Ps own property near the lake and their chain of title traces back to Mary E. Shallcross. Ps put forward two arguments; that the Lake was navigable and that the original deed to D reserved a right to fish the lake for Shallcross heirs and assigns. The trial court ruled against Ps and Ps appealed.

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