White’s Bank of Buffalo, Appellant and Respondent v. Asher P. Nichols, Appellant and Respondent

Summary

The Court of Appeals affirmed the lower court's judgment that the plaintiff holds the fee simple of the disputed land, subject to the defendant's easement of passage. It held that the deed's description, beginning at the intersection of the exterior lines of streets, excludes the soil of the street and that a later reduction in street width does not alter the grant's boundaries. The defendant's exclusive possession does not extinguish his easement absent an intent to abandon it.