Maxwell v. Boyne

This was an action by appellant against the appellee to recover damages for the erection and maintenance of a private nuisance, and to cause the abatement thereof.

The complaint alleges, in substance, that the plaintiff, in 1839, by deed of that date, authorized and permitted Jesse and Aaron Heacock and their assigns to erect and maintain, across Blue river, a mill dam of a certain height; that subsequently the plaintiff became, by purchase and conveyance, the owner of the said mill and the land on which the same was situate, and afterward sold and conveyed the same, subject to the water and…