Childs v. Weissman

FERGUSON, Judge.

The question presented is whether a purchaser of land adjacent to a dedicated alley — use of which alley is and has been for forty-five years beneficial to the purchased land — has a continued right of easement in that alley even after the alley reverts to private ownership.

In 1925, the Peters-Kelly Investment dedicated certain streets and lands to “the public for proper purposes reserving ... the reversion or reversions thereof whenever discontinued by law.” The strip of land which is the subject of the present controversy was part of that dedication. Appellant/Mrs. Childs,…