Thomas v. Calhoun
Mississippi Supreme Court
Appeal from tbe Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. The case is stated in the opinion of the court. 1. At least two or three acres of valuable tillable land, of appellants is overflowed and rendered worthless by the mill-dam under consideration.
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Appeal from tbe Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. The case is stated in the opinion of the court. 1. At least two or three acres of valuable tillable land, of appellants is overflowed and rendered worthless by the mill-dam under consideration. They are thus deprived of this much of their property; and if the court allows the dam to remain, and refers appellants to their action at law for the value of the land, it is permitting the appellees to take the property of appellants at an estimated value, against their consent, and not in circumstances prescribed by the…
1Opinion of the CourtGeorge, J.
The appellants filed their bill in the Chancery Court to enjoin the continuance of a mill-dam, which they alleged was a private nuisance as to them. The equity of the bill is that *83the defendants’ mill-dam has caused a part of the complainants’ land to be injured by the flowage of back-water on it, and also by increasing the height of overflows occasioned by freshets, and that it has rendered the complainants’ residence unhealthy. The answer denies fully the allegations of the bill on these points. Several witnesses, including the neighbors and three doctors of medicine, were examined. The…
2Cases cited1 opinion
- Green v. LakeMississippi Supreme Court · 1877
3Cited by2 opinions
- Jefferson Davis County v. BerryMississippi Supreme Court · 1929
- Hubbard v. HemphillMississippi Supreme Court · 1908