Guild v. Wallis

In Banc. The covenant in the deed reads as follows:

"in consideration of one dollar, to me paid by J.J. Guild, and the further consideration and agreement on the part of said J.J. Guild, his heirs and assigns, to keep open and in good order two certain ditches over and across the land this day conveyed to him by grantor herein, sufficient to carry off the water and enable the said L.W. Guild to properly drain the land this day conveyed to him by J.J. Guild which land adjoins the land herein conveyed, * * *."

The Guild lands originally consisted of three tracts, named in the record as tract A,…