Switzer v. McCulloch
Supreme Court of Virginia
Appeal of Newton Switzer from decree of circuit court of Botetourt county, rendered October, 1880, in chancery suit of Madison McCulloch, the grantee of C. C. Spears, against him.
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Appeal of Newton Switzer from decree of circuit court of Botetourt county, rendered October, 1880, in chancery suit of Madison McCulloch, the grantee of C. C. Spears, against him. The object of the suit, and the pleadings and the facts are fully stated in tlie opinion; but the compromise in writing therein referred to is in the words and figures following, to-wit: Whereas a change was made by C. C. Spears in his lifetime in the channel of Mill creek, just above the mill-dam of Switzer & Waskey, which it is claimed by the latter has resulted injuriously to their water supply, and since the…
1Opinion of the CourtLewis, J.
*784The controversy in this case grows out of the erection and maintenance by the appellant of a certain dam across Mill creek, in Botetourt county, a stream' flowing through -the lands of the appellee, and upon which stands the mill •of the appellant.
The prayer of the bill is for an injunction to restrain the appellant, the defendant below, from further repairing and maintaining said dam, and also that he may be required to remove the same.
Both parties derive title from John Beale, who died .about the year 1810. Soon after his death, his land was partitioned among his heirs by commissioners…
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