¶1There is no precedent for the motion made in this case, and it could not be granted without an interference with the defendants’s control over their own land, beyond the power of the Court. The appeal is, therefore, dismissed.
¶2Motion dismissed.
39 S.C.L. 13
Speer v. Duval
Court of Appeals of South Carolina
Decided November 15, 1851
Court of Appeals of South Carolina · decided 1851-11-15
Before Frost, J. at Laurens, Fall Term, 1851. Case for flooding plaintiff’s land. The plaintiffs moved the following order. “ On motion of Sullivan, plaintiffs‘s attorney, it is ordered that James G. Gibbes do make a survey of the mill-pond of the defendants and such of the adjacent lands of the parties as may be necessary to ascertain the rise in the stream complained of by the plaintiffs.
Decided 1851-11-15