Edelman v. Yeakel
Supreme Court of Pennsylvania
Error, to the Common Pleas of Berks county. This was an action of trespass quare clausum fregit brought by John R. Edelman against Joseph Yeakel and others.
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Error, to the Common Pleas of Berks county. This was an action of trespass quare clausum fregit brought by John R. Edelman against Joseph Yeakel and others. On the 12th day of April, 1790, John Stoetzel was the owner of a tract of land in Oley township, Berks county, on Furnace Creek, on which was a large spring near his house, and on that day conveyed the lower part, on which there was a paper-mill, to his three sons, John, Adam, and Ludwig, containing thirteen acres and sixty-five perches. This deed contained the following clause: “ Together, also, with all the water of a large spring at…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
The water-right in dispute was granted., in 1790, by a dee'd which prescribed how and in which course the water should be carried from the spring. In 1824 the right was exercised, but in a manner materially different from the grant. This ceased a short time afterwards; but in 1836, by an agreement between the upper and lower proprietors, the latter was authorized to use all the water in the spring, “ the same as it has been formerly conveyed.” Do these words import that the water may be carried away as the right to it was conveyed by the deed…
2Cited by3 opinions
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