A conveyance of premises, "with the right to draw water as the pipes now lie" from the grantor's fish-pond, gives the grantee no right to draw water from a reservoir situated upon other land of the grantor, — although, at the time of the conveyance, water temporarily flowed in pipes from the reservoir to the premises conveyed, without the knowledge or procurement of the grantor, and although the parties, during their negotiation, examined the premises, and observed the water flowing a full stream, supposing it came from the fish-pond.
A grant to a third person of a right to draw from a reservoir all the water, except a reasonable supply for the grantor's use, is admissible in evidence as bearing on the interpretation of a subsequent deed from the same grantor under which the grantee claims the right to draw water from the same reservoir.
BINGHAM, J.
The deed from the defendant to the plaintiff describes the water-right conveyed. Its language, construed in the light of surrounding circumstances, shows that the parties understood a right was granted to take water from the fish-pond only. The water running from the reservoir to the Warden place at the time of the conveyance must have been drawn from the reasonable supply reserved for the Stone house. The express mention of the right to take water from one source, excludes, by implication, the right to take water from any other. Hare v. Horton, 5 B. Ad. 715; Coolidge v. Hager, 43 Vt. 9. The plaintiff acquired by his deed no other water-right than that expressly described. The deed to Ricker was competent to show the state of the defendant's title at the time of his grant to the plaintiff, as evidence on the question of the construction of the grant.
Judgment for the defendant.
STANLEY, J., did not sit: the others concurred.