Lane v. Miller

Suit by Lane, against the appellees, to recover damages for maintaining a mill-dam, and backing-water upon the lands of the plaintiff.

Issue, trial, verdict and judgment for the defendants.

On the trial, the defendants offered, and gave in evidence, in order to establish a right to overflow the plaintiff’s land, the record of certain proceedings upon a writ of ad quod damnum-, had in the same Court, upon the petition of Joseph Roberts and Martin Rigney, under whom the defendants claim.

*60Roberts and Rigney, who owned the mill-site, proceeded, by way of ad quod damnum, to condemn the lands above…