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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 502   View pdf image (33K)
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502 HIGH COURT OF CHANCERY.
out the bed, and preserving the grade and current, and repair-
ing the defects in the embankments of said race, so that com-
plainant's crops might and should be preserved and protected
from any manner of injury, in consequence of the waters be-
coming stagnant in or escaping from the banks thereof.
The bill then charges that said Stevenson, while he exercises
his right of entering on complainant's lands in a capricious and
wanton manner, and doing from time to time imperfect repairs,
has allowed the bed of said race, in its lower sections on com-
plainant's land, to be filled up, its lower embankments to fall
into decay, the current of the stream to be thereby checked,
and its waters to be -backed and forced out at various places
on complainant's meadows, ruining them and drowning his
crops, to his incalculable injury and detriment. That he has
been almost constantly suffering for several years past, and is
now suffering in his property from the injuries and aggressions
aforesaid, notwithstanding the said repeated suits at law, and
the judgments therein; that in the course of the last summer
he has particularly suffered from the flooding and drowning of
his crops and lands, and is yet thus Buffering in consequence
of the perforations and decay of the embankments of said race,
and the filling and choking up of its bed, and the total omis-
sion, neglect, and refusal of said Stevenson to repair and
correct the same. That unless he procures the interposition
of this Court, he must be driven to multiplied and endless,
and perhaps fruitless, suits at law, and that he certainly is and
must be deprived of the proper and useful enjoyment of his
freehold, and subjected to great and. permanent injury in his
property by the said omissions of duty and aggressions of said
Stevenson. He therefore prays for a writ of injunction directed
to said Stevenson, commanding him "no longer to permit to
be and remain out of repair, the banks of the race or ditch
conducting the water of ' Jones's Falls' through the farms of
your orator in Baltimore County aforesaid, to the mill and
dwelling-house of the said Stevenson, so as by remaining un-
graded and cleared out, to permit the waters of said race or
ditch to flood or weep upon the said meadow lands of your

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 502   View pdf image (33K)
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