Sterling Hydraulic Co. v. Williams

Citations

• 66 Ill. 393

Syllabus

<p>1. Pleading—statement of implied covenants. Where a deed is set out in Tim verba in a pleading, the court will construe it, and take notice of any implied covenant that- may appear therein; and the making of any such by the defendant is substantially averred, when the instrument is so set out, and it is alleged that the defendant executed the same.</p> <p>2. Basement. If a miller purchase a water privilege, or portion of water power, without any portion of the bed of the stream, he will gain an incorporeal hereditament or easement.</p> <p>3. Covenants—where they run with the land, or arre assignable. All covenants which relate to land and are for its benefit, run with it, and may be enforced by each successive assignee into whose hands it may come by conveyance or assignment. Thus, a covenant by a lessor, or by one of the owners of two adjacent premises, to supply the other owner or the lessee with water, will pass to a subsequent assignee from the covenantee, who may make it the foundation of a suit in his own name. And the capacity of covenants to run with incorporeal hereditaments is the same as it is with those which are corporeal.</p> <p>4. Where the grantors, in a deed, conveyed certain lands, the description showing them to be connected with the use of a water power, and also granted a water power of a certain description with certain conditions, and the deed contained this provision: “ to have and to hold all and singular the aforesaid easements, rights and privileges unto the said party of the second part, his heirs and assigns forever, as appurtenances belonging to the said above described pieces and parcels of land:” Held, that the water power and the implied covenants relating thereto would pass with the conveyance or transmission of the land by deed, devise or descent.</p> <p>5. Same—implied—extent of. Where defendant granted certain real estate connected with the use of a water power, reserving a right of way over the same to make necessary repairs,