Ross v. Franko

The single question of law here presented is whether a private, recorded easement is extinguished when the burdened land is duly forfeited and sold by the state of Ohio for delinquent taxes.

The defendants rely strongly upon two decisions of this court. The first is in the case of Kahle v. Nisley, 74 Ohio St., 328, 78 N. E., 526, in which the syllabus reads as follows:

“Where, under Section 2899, Revised Statutes, lands have been duly forfeited to the state for the nonpayment of taxes and penalty, a valid sale and conveyance of such lands by the county auditor, extinguishes all previous titles…