Bridge v. Almack

The respondent brought this action for declaratory relief seeking a declaration of his right to water flowing through a pipeline from a source known as the Church Hill Spring. The pipeline served respondent’s lands, purchased from appellant and her husband in 1953, and also serviced lands retained by appellant after the sale of a portion of her lands to respondent. The trial court found that appellant’s deed to respondent, dated January 12, 1953, carried with it, as a right appurtenant to the grant, a right to receive one-half of the water flowing from the Church Hill Spring through the…