Kennedy v. M'Afee's ex'x

Opinion of the Court.

THIS was an action on the case, brought by George M’Afee, in his lifetime, to recover damages occasioned by the erection of a mill dam across Salt river, by Kennedy and M’Coun, and the consequent overflowing of water on the land and spring of M’Afee. Whilst the suit was pending in the circuit court, M’Afee departed this life, and the suit was, by an order of court, renewed in the name of his executrix. The suit was, finally tried in the circuit court, and a verdict and judgement for one hundred and twenty-one dollars re*170covered by the executrix. To reverse that judgment,…