Toney v. Johnson

This action was prosecuted by the appellee against the appellants for the purpose of recovering damages for overflowing lands, and to abate a mill dam as a nuisance, affecting the rights of the appellee.

The complaint charges that the appellee has been the owner and seized of the lands described in the complaint, and ad*383jaeent to the dam, since 1833; that in 1823, one Francis Dickson erected a mill-dam across Raccoon creek, abutting on the east upon the lands of appellee; that said dam had been maintained from 1823 to 1857 at seven feet; that in 1857 one Gookins removed the old dam and made a…