Hamilton Circuit Court January 15, 1895 (McCabe v. Hood)

Swing, J.

Our construction of the deed and contract in controversy is that the right of drainage from the premises Nos. 43, 431,- and 45 Baum street, over the premises known as No, 90, Kilgore street, was limited by the terms of the grant to the purposes then existing, which was the drainage of water from said premises. The right to drain privy vaults did not exist at that time.