McTavish v. Carroll
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard county. Trespass on the case by the appellee against the appellant, for obstructing a way. Plea, non cut. 1st Exception. (The pleadings and facts of the case are so fully stated in the opinion of this court, as to render but a brief additional statement of the proof necessary.) The proof on the part of the plaintiff is substantially embodied in his prayer granted by the court below and set out in full in the opinion of this court.
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Appeal from the Circuit Court for Howard county. Trespass on the case by the appellee against the appellant, for obstructing a way. Plea, non cut. 1st Exception. (The pleadings and facts of the case are so fully stated in the opinion of this court, as to render but a brief additional statement of the proof necessary.) The proof on the part of the plaintiff is substantially embodied in his prayer granted by the court below and set out in full in the opinion of this court. On the part of the defendant it was proved in substance, that the fence complained of was a common fence of posts and three…
1Opinion of the CourtEccleston, J.
This is an action on the case, brought by C. Carroll, the appellee, against C. C. McTavish, the appellant, for obstructing a road running from the mill of the appellee to his mill-dam, which dam, and the obstructed portion of the road, are on the land of the appellant. The declaration alleges, that the appellee was possessed of an ancient mill, with the right to use the water from a stream on the close of McTavish, through a race running over said dose, from the mill-dam to the mill, and to the use of a road running from the mill to the dam, immediately along the bank of the said race, for…
2Cases cited1 opinion
- Burr v. MillsNew York Supreme Court · 1839
3Cited by32 opinions
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Tong v. FeldmanCourt of Appeals of Maryland · 1927
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Mitchell v. SeipelCourt of Appeals of Maryland · 1880
- Williams v. WoodsCourt of Appeals of Maryland · 1860
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