McCue v. Bellingham Bay Water Co.

The opinion of the court was delivered by

Anders, C. J.

On April 3, 1889, appellant and wife, by a deed duly executed and acknowledged, “granted, *157bargained, sold, conveyed and confirmed” to the respondent “the right-of-way fifty (50) feet wide, through, upon, over and across lot five (5), in section twenty-seven (27), township thirty-eight (38) north, range three (3) east, Willamette base and meridian, in said Whatcom county, with the exclusive right to dig ditches, lay pipes, build flumes, bore tunnels and construct conduits to convey Avater, within the said strip of land, and to maintain and…