Kelley v. Phillips

The Chancellor.

The complainant in his brief makes the following propositions:

“Where a person makes a deed and in the deed sells and conveys a lot bordering upon a street or thoroughfare, whether said street be opened or not, and even though it merely be laid out on the map or plan of the city, he thereby

“(a) Covenants with the grantee that there is such a street, and that the grantee may and shall, as a right, use the same as such, and the grantor is, forever estopped from denying there is such a street, or from making any use of the same inconsistent with the enjoyment, easment, and right of…