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.

[703]

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. The well was about five feet in diameter and twenty-five feet deep, with a three-inch bore extending downward from the bottom a further distance of eighteen feet. The tank had a capacity of about 1,000 gallons, and water was conveyed therefrom to the two properties by ■ means of a three-quarter inch pipe. On June 11, 1904, Turner, who lived on the lot now owned by plaintiff Georgie E. Griffin and which will be hereinafter referred to as the Griffin lot, conveyed the property to her, and she has since resided thereon. On June 13, 1904, Turner conveyed the Lawton lot to Daisy B. Lawton, who resided thereon until July 18, 1928, when she conveyed the same to defendant Parker. Water from the well, pumped by the windmill, continued to be used by the owners of the two lots until January, 1924, when the windmill was destroyed by a storm. Soon thereafter Mrs. Lawton installed in its place an electric motor and pump. According to Mrs. Griffin, she offered to contribute to the cost of installing the motor and pump, but Mrs. Lawton refused, and it was then agreed between them that Mrs. Griffin should furnish the oil and grease-necessary and attend to its operation. When first installed it was attached to and operated through the Lawton electric meter, but later was attached to the Griffin meter. This arrangement continued until July, 1928, when the husband of defendant Parker, acting for Mrs. Lawton, disconnected the pipe leading to the Griffin lot. Defendant and Mrs. Lawton were sisters, and the conveyance from the latter appears to have been executed a few days thereafter. About the time the pipe was disconnected the three-inch bore at the bottom of the well became choked with sand. To remedy this Mrs. Lawton caused the same to be blasted, but this did not remedy the defect. She thereupon increased the depth of the bore six and one-half feet, and its diameter about six inches. This required about three days’ labor