180 Ga. 385 | Ga. | 1935
J. T. Lee Jr. and his wife instituted an
The rulings announced in the first, third, and fourth headnotes do not require elaboration.
“A parol license is primarily revocable at any time, if its revocation does no harm to the person to whom it has been granted; but is not revocable when the licensee has executed it and in so doing has incurred expense. In such case it becomes an easement running with the land.” Code of 1910, § 3645; Code of 1933, § 85-1404. “Covenants are to be so construed as to carry into effect the intention of the parties, which is to be collected from the whole instrument, and the circumstances surrounding its execution.” Atlanta, Knoxville & Northern Ry. Co. v. McKinney, 124 Ga. 929 (3) (53 S. E. 701, 6 L. R. A. (N. S.) 436, 110 Am. St. R. 215). The action was against the defendants as mere wrongdoers in the commission of acts injurious to the water-pipes on the land of McLendon, and in forbidding the plaintiffs to come upon that land to repair the injury, the defendants being without interest, out of possession of the land, and not privy in estate with McLendon. The plaintiffs’ alleged right of property was on the theory of an “easement . . covenant to run with the land and to the heirs and assigns of ]our petitioners forever by compliance with the various conditions hereintofore set out,” and it was alleged that the “grant of said water rights” was “by parol” and “was a covenant that ran with the land.” The petition does not purport to set forth all the terms of the parol “grant.” The allegation that it was a covenant running with the land was the statement of a conclusion which the specific allegations were insufficient to sup
Judgment reversed.