Diffendal v. Va. Midland R. R.

Citations

• 86 Va. 459
• 10 S.E. 536
• 1890 Va. LEXIS 4

Syllabus

<p>1. Equitable jurisdiction and relief.—Easements—Injunction—Case at bur. Where right to pipe water from a spring to a certain tank is granted by the land owners to railway company by recorded deed, and the land is subsequently granted to one knowing that the pipes are laid across the land, and that the topography requires them to be laid as they were: held., that grantee takes subject to the easement, and will be enjoined from interfering, though the tank be located differently from the place named in the deed, where the change does not affect the pipes’ position.</p> <p>2. Idem—Rehearing—Case at bar.—A rehearing will not be awarded upon evidence that the railway company were suffered to lay the pipes in their present position as a temporary convenience, and not as part of the contract, nor upon affidavit of one previously examined as to the transaction.</p>