A Treatise On the Law of Watercourses. With An Appendix, Containing Statutes of Flowing, And Forms of Declarations

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It may be premised, that the word " covenant," is not to be regarded as a word of art, and essential to the constitution of a covenant ; and any words in the instrument, in whatever part found, from which the intent of the parties to enter into the engagement, can be collected, are re- garded as effectual for that purpose.^ With reference to the nature 1 Tyler v. Wilkinson, 4 Mason, 397. actually used it for above twenty-five [A riparian proprietor may restrict him- years for watering horses an...d cattle, it self by grant or covenant from changing was held, in Pennsylvania, that such use the course of a stream through his land, for above twenty-one years entitled him Northam v. Hurley, 1 El. & Bl. 665. to it, and that he might maintain suit Where the lower proprietor had a right against one claiming under the former by deed from the then upper proprietor, upper proprietor for polluting the stream to erect a dam on the land of the latter, so as to render it unfit for his cattle, in order to convey a portion of the water Wheatley v.

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