Kilgour v. Ashcom
Court of Appeals of Maryland
Appeal from Saint-Mary’s county court. The appellee brought an action on the case against the appellant for obstructing a water course* &c. The injury complained of, and set forth in the declaration, was overflowing lands by the back water from a mill in the occupancy of the plaintiff below. The defendant pleaded hot guilty, and issue was joined. A warrant of resurvey was issued, and the lands were laid down on plots returned.
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Appeal from Saint-Mary’s county court. The appellee brought an action on the case against the appellant for obstructing a water course* &c. The injury complained of, and set forth in the declaration, was overflowing lands by the back water from a mill in the occupancy of the plaintiff below. The defendant pleaded hot guilty, and issue was joined. A warrant of resurvey was issued, and the lands were laid down on plots returned. At the trial, it was given in evidence, that John Keech died intestate, and at March term 1805, á petition, under the act to direct descents, was exhibited in…
1Opinion of the CourtBuchanan, J.
The evidence is substantially this, that John Keech died intestate, seised of certain lands in Saint-Mary's county, which, in the execution of a commission issued at the instance of his children, under the act to direct descents, was divided into five parts, one of which was. allotted to Mary -Keech, one of the children, under whom the appellee holds, and another to Samuel Keech, under whom the appellant holds. That there is a mill on the part allotted to Samuel Keech, which was upon the premises, and in operation during the life of John Keech, their common ancestor, the dam of which covers a…
2Cited by7 opinions
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Mitchell v. SeipelCourt of Appeals of Maryland · 1880
- Henrie v. JohnsonWest Virginia Supreme Court · 1886
- Missouri-Kansas-Texas Ry. Co. v. CunninghamCourt of Appeals of Texas · 1925
- Dunklee v. Wilton RailroadSuperior Court of New Hampshire · 1852
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