Lathrop v. Lytle

This action is brought to obtain an injunction to restrain the defendant from interfering with the plaintiff’s alleged right to take water from a spring on the land of the defendant.

There is no dispute as to the important facts which, briefly stated, are as follows:

In the year 1844, Paul B. Lathrop, father of the plaintiff, came into title and possession of a farm, hereinafter called the Lathrop farm, situated in the town of Elma, county of Erie. In 1869 one John Bragg purchased the farm, hereinafter called the Bragg farm, lying next south and adjoining the Lathrop farm.

The spring, about…