Smith v. Olmstead

This is a bill in chancery in which it is averred that Smith had built a mill-dam across a certain creek, by which dam the complainant’s land was overflowed; and that the complainant had established his right at law to complain' of this injury to his land. The object of the suit is to have so much of the dam abated as occasions the injury complained of in the bill.

The answer states that the defendant, in 1832, built the dam and a mill connected with it; and that he afterwards, in 1833, had the damages of the complainant assessed by virtue of a writ of ad quod damnum. The answer also relies *38on…