Corcoran v. Abstract & Title Co.

Prescott, J.,

filed the following dissenting opinion.

The issue here involved is a narrow one, and, in my opinion, the Court has decided the case on a theory that has no application to the facts. The Court has reversed the trial court and held that although “[i]n the grantor index, however, there was a clerical mistake” (using the language of the majority concerning a fact admitted by the appellant) in indexing the right-of-way in dispute, the right-of-way was, nevertheless, covered by a certificate of title that provided, “[t]his certificate does not cover * * * easements * * * not properly…