Wilcoxon v. McGhee
Illinois Supreme Court
McGhee sued Wilcoxon in the Stephenson Circuit Court, in an action on the case. The declaration contained three counts. The first count charged the defendant with having maintained, kept up and continued a mill dam across Eichland Creek since the first day of October, A. D. 1846, causing the water to overflow the plaintiff’s land, describing it.
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McGhee sued Wilcoxon in the Stephenson Circuit Court, in an action on the case. The declaration contained three counts. The first count charged the defendant with having maintained, kept up and continued a mill dam across Eichland Creek since the first day of October, A. D. 1846, causing the water to overflow the plaintiff’s land, describing it. The second count charged the defendant with having obstructed the water of Eichland Creek, causing it to overflow the plaintiff’s land. The third count charged the defendant with having erected a mill dam on his own land across said creek on the 1st…
1Opinion of the CourtTrumbull, J.
This case presents the single question, of” the right of a purchaser of a tract of public land, having upon it,, at the time of the purchase, a mill and dam, which cause the water of a stream running through it to flow back upon other-public lands, to continue the dam so as to overflow such other ■ lands after they have been entered by individuals.
It does not appear from the record, that the person entering the land upon which the mill stood, paid anything additional on account of the mill, or for the privilege of flooding other lands;. but he made the entry and received a patent in the usual…
2Cases cited2 opinions
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