Nichols v. Fernald

The plaintiff’s title is derived from a deed containing the following language: “This conveyance is hereby restricted by the following condition, viz., The grantee and his heirs or assigns shall not take water from said spring for any other purpose than for the use of his own farm buildings. Neither shall he or his heirs or assigns permit any others to take or conduct said water , away from his said buildings, and if he, his heirs or assigns shall fail to abide by the foregoing condition, then this deed shall be void, and of no effect.” This clause was followed by a reservation to the grantor…