Alexander McMillan v. John Nail

Order: 
Supreme Court Case Name: 
Alexander McMillan v. John Nail
Case Date: 
1851
Court Origin: 
Circuit - Civil
Cause/Crime: 
Trespass with Force of Arms

Database - TN Research:

County:

Division: 
East
Number of Pages: 
16
Notes / Description: 

Nail accused of entering McMillan's land, erecting a fence, & erecting a dam across Swan Pond Creek causing said creek to overflow & damage the land. Justice of Peace ruled for McMillan & awarded $25 damages, which Nail appealed to Circuit Court. Circuit court ruled in McMillan's favor & awarded $8 damages, which Nail appealed to SC. Nail tried to argue overflowing of McMillan's land caused not by Nail but by mill race conveying water to mill.