Young v. Wehmeyer

Opinion op the Court by

Judge Quin

— Reversing.

John McCoy owned certain lots in Tucker’s subdivision in tbe town of Dry Ridge. Three of these lots, Nos. 17, 18 and 19, were conveyed to plaintiffs (appellants) and lot No. 53 to defendants. Located on the latter lot was a barn, windmill and windmill cistern. The deed to plaintiffs contains this provision:

*590“Grantee is also conveyed the right to use water from the windmill cistern at the barn located on lot No. 53, as designated on said plat of Tucker subdivision, as long as there is water therein for use of grantee’s water system in the house on…