Engel v. Catucci

PRETTYMAN, Circuit Judge.

The question presented by this appeal is whether, in this jurisdiction, a tax deed to a lot over which lies an easement, created by deed and appurtenant to another lot, extinguishes the easement.

The facts are simple and not disputed. In 1872 one Milburn owned a parcel of land at the corner of Third and H Streets, Northeast. He subdivided the property, establishing a row of lots fronting on H Street. These lots were numbered 807 to 812, inclusive, consecutively from the corner of Third Street. Along the rear of the lots Milburn created a lot five (5) feet wide…