Heidelberg v. Harvey

FRASER, Justice.

This is an appeal by appellant and wife from a judgment holding and declaring that a temporary restraining order, previously issued against appellants in favor of appel-lees, was rightfully and properly issued and valid in all respects.

The facts are as follows: In 1951 N. L. Heidelberg, father of appellant, granted to appellees a pipeline right of way or easement over the land involved. This pipeline was for the purpose of carrying water, and the grant carried with it the provision that the grantor and his successors in ownership should have water for household use and stock…