Griffin v. Parker

THE COURT.

Appeal by the defendant from a decree adjudging plaintiffs to be the owners of the right and easement to take water for household and garden purposes from a well on defendant’s land.

The parties own adjoining lots which, until June, 1904, were owned by one C. F. Turner, who erected upon each a dwelling-house. Turner also sank a well upon the property now owned by defendant (which will be hereinafter referred to as the Lawton lot), and constructed thereon a windmill and tank. He then laid pipes therefrom to both houses for the purpose of furnishing water for garden and domestic use.…