Elliott v. Bertsch

Plaintiffs appeal from a judgment quieting their title to certain real property subject to defendant’s easement to the water on said land, and the further right to lay and maintain water pipes in connection with the use thereof.

Plaintiffs acquired title to the property by virtue of a sheriff’s deed dated October 15, 1928, resulting from the foreclosure of a mortgage on the property in question. The right of easement claimed by the defendant had its source in a conditional sales agreement entitled “Bond for Deed”, dated September' 11, 1907. Plaintiffs’ immediate predecessors in interest, the…