Manier v. Myers

Judge Marshall

delivered the opinion of the Court.

In 1797, Yocum obtained leave from the County Court of Montgomery to erect a mill and a dam, ten feet three inches high, on Slate Creek, he being the owner of the land on both sides of the creek. In 1801, after Yocum had erected his dam to the height of about ten feet, Henry Myers obtained leave to erect a dam and mill on the same creek, above the dam of Yocum, which he did erect in that and the following year. In the fall of 1842, Manier, who had become the proprietor of Yocum’s mill, erected a new dam a little above the site of the old one…