Bryan v. Idaho Quartz Mining Co.

Hayne, C.

—■ The plaintiff made a deed by which he granted, bargained, sold, and conveyed to the defendant the right to make and maintain a water ditch upon .and across his land, along a line then surveyed, to a certain point upon the land, and the right to construct and maintain at such point a reservoir not exceeding one and one half acres, the exact site thereof to be thereafter determined, and the right to “ lay down and maintain upon said premises an iron pipe, flume, ditch, or other conduit leading from said dam or reservoir to the Idaho *250quartz mine; also a strip of land one rod in width…