Lynn v. Turpin

Me. Justioe Gailoe

delivered the opinion of the Court.

The hill in this cause was filed to enjoin the Defendant from taking water from a well on the land of the Complainant, and the rights of the parties are determined by deciding whether reservations in certain deeds, create a personal license (easement in gross, 28 C. J. S., Easements, sec. 4, page 634) or an easement appurtenant. By consent, the hearing below was on bill and answer, and the Chancellor granted the relief sought. The Defendant appealed.

In 1943, Evern Rogers and wife owned a three-acre tract of land in the 2nd Civil District of…