
    4 June, 1819
    FRANCIS MAJOR, vs. BROOKING TAYLOR.
    
      On a writ of error to hversfr an order of the county court of FrarMin.
    
    
      Bibb for plaintiff, Pope for defendant in error.
    An order establishing a mill is erroneous, where the inquest, does notstate whether th* health of the neighbors will be annoy - ed.
   Judge Owsley

delivered the opinion of the court.

Because the inquisition taken in this cause contains n6 statement, whether or not the health of the neighbors will be annoyed, the court erroneously gave leave to build the mill.

The order of the county court must, therefore, be reversed, the cause remanded, and further proceedings had not inconsistent with this opinion.  