Page:Federal Reporter, 1st Series, Volume 6.djvu/562

 550 FEDERAL REPORTER. • �of water in the basin from wbich this is obtained, but wbether it can be purchased, and if so upon wbat terms, does not appear ; and that the property, including the water right, was on August 9, 1880, sold by the master of this court upon an interlocutory decree to the defendant Apperson and W. Carey Johnson for the sum of $22,000. �Upon the argument the learned oounsel for the plaintiflFs cited and commented upon many cases, touching the question of what privileges, rights, and easements are or may bo appartenant .to land, and will therefore pass to the grantee of the latter without being named in the conveyance thereof, and what are not so appartenant. It is admitted that the water right in question is not "appartenant" to the land in question, in the technical sense of that term, so that it could not exist separate and apart from it, and would pass with it, without mention or special agreement to that effect. �This water right was oreated and existed as a substan- tive and independent right, in gross, before the acquisition by the owners thereof of the lots mentioned in the mort- gages. It was an easement without any fixed or limited dominant estate — whatever property it might be used with or upon being such estate for the time being ; and although it has since been taken to said lots, and there applied to run a mill and machinery thereon, and thereby become, so to speak, in fact appurtenant to such property, still it may be again separated therefrom and taken and applied elsewhere. The water right was granted without any re- striction or limitation as to the nature or place of its use, and therefore the power may be applied as and where the circumstances will permit, and such application may be changed from time to time, both as to use and place, at t! e pleasure of the owner. Hart v. Curtis, 7 Met. 94 ; Linthicum V. Ray, 9 Wall. 242; Ackrmjd v. Smith, 16 Com. Beneh, 184; De Witt V. Harvey, 4 Gray, 487; Garrison y. Rudd, 19 lU. 558; Goodrich v. Burbank, 12 Allen, 459. �It is also clear that a sale of any real property carries with it any easement or privilege which is necessary to its enjoy- ��� �