Morgan v. Banta

*579OPINION of the Court, by

Judge Boyle.

-Morgan, being desirous of building a water grist mill at the fails of Salt river, and owning the land on both sides of the stream, applied tp the county court of Mercer, for a writ of ad quod dcs/pmum, as the law in such case directs. On the return of the inquisition taken by virtue of the writ of ad quod damnum, Morgan obtained an order that a. summons should issue against Banta and others, the now appellees, to appear and shew cause, if any they could, why he should not have leave to build a mill, at the place proposed. They appeared, and contested the…