Erdmann v. Henderson

Prior to 1939, plaintiffs owned a tract of land. The trial court found that plaintiffs

“ . . . by inheritance, purchase and easement, secured possession and ownership of all the water system lying within the boundaries of the Sutherland estate.”

In 1939, plaintiffs sold a portion of the tract to Louis J. Brautlacht. The parties entered into an agreement that (a) recognized plaintiffs’ ownership of the water system located on plaintiffs’ land and (b) permitted Mr. Brautlacht

“. . . to connect with said water system and to take therefrom sufficient water for domestic use of one dwelling house…