Pacific Yacht Club v. Sausalito Bay Water Co.

This litigation arises over an alleged right by plaintiff to the use of the waters of a certain spring, and the right to maintain pipes for the enjoyment of such use. The complaint in effect alleges “that the plaintiff is the owner of a certain tract of land in Marin County; that when plaintiff bought said land there was situated upon the adjoining land of the Old Sausalito Land and Dry Dock Company, plaintiff’s grantor, a spring of water; that this spring was and is the only available water supply for the use of plaintiff’s property; that plaintiff specially contracted and agreed with the Old Sausalito *488 Land and Dry Dock Company that as part of the consideration for the purchase price of the laud aforesaid, plaintiff should have the privilege of laying pipes from said spring over the adjoining land of said grautor, to plaintiff’s club-house, and should have the free and uninterrupted use of water from said spring forever; that plaintiff has had the free, uninterrupted, and continuous use and adverse possession of the water pipes aforesaid, and the water of said spring, in the manner above described, ever since the tenth day of May, 1879, and that all claims against said…