Legal Opinion

M'Kellip v. M'Ilhenny

Supreme Court of Pennsylvania

Decided September 15, 1835PublishedCited by 26 opinions

ERROR to the common pleas of Armstrong county. Robert MTlhenny v. Archibald M’Kellip. Action on the case for a nuisance. The facts which gave rise to the several points in this case are fully stated in the opinion of the court.

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

—M’Kellip, the plaintiff in error, was the defendant below, and it appears from the evidence that he and the plaintiff below severally owned a tract or parcel of land, adjoining to each other, lying on a stream of water called Pine Run, which runs through both tracts. The land belonging to the plaintiff below lies above that of the defendant on the stream. These parcels of land were purchased originally from the state by an association of persons known and called by the name of the Holland Land Company. The legal title for that part of the…

2Cases cited2 opinions

  1. Strickler v. ToddSupreme Court of Pennsylvania · 1823
  2. Rerick v. KernSupreme Court of Pennsylvania · 1826

3Cited by26 opinions

  1. Snowden v. WilasIndiana Supreme Court · 1862
  2. Woodward v. SeelyIllinois Supreme Court · 1849
  3. Dark v. JohnstonSupreme Court of Pennsylvania · 1867
  4. Joseph v. WildIndiana Supreme Court · 1896
  5. Cook v. Pridgen, Stapler & DunnSupreme Court of Georgia · 1872

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