Jehiel Hymes, Appellant v. William Estey, as Executors, Respondents

Summary

The Court of Appeals reversed the trial court's nonsuit and ordered a new trial, holding that a covenant of warranty is breached when a public easement was not apparent at the time of conveyance and the purchaser had no actual or constructive notice. The presumption of notice is rebuttable by showing the absence of any indication of a highway.