Lyles v. Perrin

SMITH, C.

The plaintiff recovered judgment for the sum of five hundred dollars, the value of a water right appurtenant to land purchased by him from the defendant, and conveyed away by the latter before the execution of the deed. The defendant appeals from the judgment and from the ordér denying his motion for a new trial.

The contract for the purchase of the land was made between the plaintiff and defendant, May 8,1894, at which time the water right in question was appurtenant to and part of the land purchased. The form of the contract was an escrow deed to one Bryan, son-in-law of the…