Doolittle v. Malcom
Supreme Court of Virginia
By instrument under the hands and seals of Ambrose L. Doolittle and Joseph Malcom, reciting that Malcom was the proprietor of a water grist mill on Mud river in Cabell county, and that Doolittle had lately erected a mill dam, with a grist mill and saw mill, on the said river, a short distance below the mill of Mai-com, who conceived himself injured by the erection of the said dam, whereby his mill was drowned by the back water, and the value of his land and mill seat much…
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By instrument under the hands and seals of Ambrose L. Doolittle and Joseph Malcom, reciting that Malcom was the proprietor of a water grist mill on Mud river in Cabell county, and that Doolittle had lately erected a mill dam, with a grist mill and saw mill, on the said river, a short distance below the mill of Mai-com, who conceived himself injured by the erection of the said dam, whereby his mill was drowned by the back water, and the value of his land and mill seat much impaired, the said parties mutually agreed, “ for the purpose of settling this demand and to quiet the claim,” to submit…
1Opinion of the CourtParker, J.
There are several objections taken to this judgment. It appears to me that the counsel for the defendant in error, in his notes, has satisfactorily answered them all. The declaration was sufficient, and the demurrer to it properly overruled. In this action the plaintiff need only shew so much of the award, as is sufficient to state his demand. M’Kinstry v. Solomons, 2 Johns. Rep. 62.
An award of payment of a specific sum by one party to another is mutual and sufficient, without directing the latter to execute a release or do any other act. Ibid, and S. C. affirmed in the court of errors, 13…
2Cited by1 opinion
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