Barnes v. . Barnes
Supreme Court of North Carolina
This was a civil action brought by the plaintiffs to enjoin the defendant from erecting a dam and mill at a place one hundred and fifty yards below the site of an old mill. At the trial at the Fall Term, 1870, of the Superior Court of Wilson County, before his Honor, Judge Clarke, an order for a perpetual injunction was made, and the defendant appealed. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtRodman, J.
In 1859, the plaintiff Barnes and the defendant, and others, made a deed, in which, after reciting that William Felton owned a mill on White Oak Swamp,. and that some of the other parties owned landk on said Swamp above the site of the mill, and others of them owned lands on the Swamp below the mill; that the mill was an injury to the lands; and that for the purpose of removing and of preventing the erection of a mill on said sifeforthe future, and as a consideration for said mill and its privileges, &c., the said parties had each paid to William Eelton, a certain sum; the said Eelton…
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