Olcott v. Southworth

This cause was originally an action at law brought by the plaintiff to recover damages for the breach of a covenant against incumbrances contained in the deed of a farm executed and delivered to him by the defendants. On the defendants’ motion it was transferred to the Court of Chancery in order to enable them to present an equitable defense not available to them at law. They filed an answer in the nature of a cross bill praying for reformation of the deed on the ground that the incumbrance, which was a right to take water from a spring upon the premises and to make necessary repairs to the…