Stanfield v. Schneidewind

The opinion of the court was delivered by

Black, J.

The suit in this case was brought to recover damages for the breach of a covenant in a deed against encumbrances. The complaint alleges that the premises conveyed were encumbered with a lawful right of way, use and easement of the public, in and to an artificially constructed and concealed culvert and water course. The culvert is a brick-walled passage, built entirely beneath'the surface of the ground, and is seven or eight feet in diameter, and through which culvert or passage a natural stream of water flows, entirely across and through the…