Egelund v. Fayter

Plaintiff purchased two and one-half acres of land from the defendants, together with one-fifth interest in the water of a certain spring. The land purchased by plaintiff is the southeast portion of a larger tract owned by the defendants, and the parcel of land not conveyed to plaintiff lies between the land so conveyed and the spring. It therefore appears that, in order to convey the water of the spring to the land purchased by plaintiff, it is necessary to cross defendants’ intervening land. Plaintiff alleges in his complaint, and contended at the trial, that at the time the land was…