Tinker v. Bessel

The plaintiff seeks to restrain the defendants from interfering with her use of a certain spring of water. The *75plaintiff claims ownership of the spring as successor in title to Ira A. Brewer, to whom Gilbert D. Northrup, the defendants’ predecessor in title, in 1851, being then owner of both estates, conveyed an acre of land by a deed which contained this language: “The said Brewer is to have with said acre a spring of water northeast of said land near an apple tree, with the right to bring it on to said premises.” The case comes before us on appeal from a final decree * in favor of the…