William W. Scriver, Respondents v. Eli B. Smith, Appellant

Summary

The Court affirmed the lower court's judgment, holding that the flooding of the plaintiffs' land by the defendant's upstream dam constituted an eviction sufficient to breach the covenant of quiet enjoyment in the deed. The Court reasoned that a substantial interference, even without a physical ouster, satisfies the eviction requirement, and that the right to natural water flow is a corporeal right covered by the deed.