Ross v. Franko

OPINION

By DOYLE, J.

The question of law decisive of this action may be stated in the following terms: Does the forfeiture of tax de-

linquent lands to the state and the subsequent deeding, by the state, of the forfeited lands to a purchaser, extinguish a private recorded easement over such lands, which easement was .¡granted for the exclusive benefit of 'Sands contiguous thereto?

The question is before this court in an appeal on questions of law and fact from the court of common pleas of Cuyahoga County. The petition seeks injunctive relief by an owner of a dominant estate against the purchaser…