1 Stew. 133
Decided January 15, 1827
Supreme Court of Alabama · decided 1827-01-15
This was an action on the case by Loftin against M‘Le-more,' in the Circuit Court of Montgomery county, for erecting and continuing a dam across a stream running through the plaintiff’s land, by which the plaintiff’s timber was killed and destroyed, and his land injured, 8cc. which dam plaintiff requested defendant to remove, and which he contined to keep across the stream, notwithstanding such request. General issue, verdict and judgement for the defendant.
Good law ✅— No negative treatment on recordhow we know
Decided 1827-01-15
Cited by 5 later decisions — most recently January 1943
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the Court.
¶2The second count in the declaration, sets out a special *134,reqllest to remove the nuisance. The alienee of land sold subsequent to the erection of a nuisance, may maintain an action for continuing it after a special request to remove it. » The continuance is a new ground of action, without resorting to the period of time when it was first erected. The judgement must be reversed, and the cause must be remanded for further proceedings.