Highland Ditch Co. v. Mumford

At the date of the Colony deed to the appellant, the ditch conveyed stood charged with the servitude created by the Colony deed to the appellee, and the appellant took the ditch subject thereto.

If it could be permitted, the appellant, to attack the title of its grantor to avoid this servitude, we see no reason, on the evidence in this case, for saying that at the date of its conveyance to the appellant, the Colony Company had acquired no title or property in the ditch in question.

The ditch was to be twenty miles long, eighteen feet wide and three feet deep. The survey was commenced in the…