Trabue v. Macklin

Judge Marshall

delivered the opinion of the Court.

Macklin having become the proprietor of the land on both sides of the South fork of Elkhorn, and also of the bed of the stream where a mill dam had been erected by Benuet Pemberton, in 1799, but had been washed away, without any attempt to rebuild it for several years, and beirig also the proprietor of the land wheie the mill house formerly stood, at some distance below, the County Court of Franklin, on his application to erect a dam of nine *408feet, where Pemberton had erected his dam, issued a writ of ad quod damnum, on which an inquest was…