Jabez D. Beardslee, Appellant v. New Berlin Light and Power Company, Respondent

Summary

The Court reversed the lower court’s judgment, holding that the reservation in the foreclosure sale was a void reservation in favor of a stranger, that the grantee is not estopped from denying its efficacy, and that the plaintiff is entitled to an injunction against the dam’s flooding of the 40‑acre tract. The decision rests on established principles distinguishing reservations from exceptions and on the lack of authority for a mortgagee to grant such rights.