Nenzel v. Rochester Silver Corporation

Estoppel doctrine between landlord and tenant does not preclude grantee showing his derivative title, nor prevent lessee from attacking validity of transfer from original landlord. 24 Cyc. 945, note 19.

In determining right to use of water, rule of estoppel does not prevail as to right of lessee to deny title of landlord. Rule applies to corporeal, not incorporeal hereditaments. General good of community is to be considered. No absolute title is acquired, merely right to use thereof. 22 R.C.L. 48; 1 Wiel on Water Rights, 585; Swift v. Goodrich, 11 P. 561; 1 Washburn Real Property, 310.

Leases…