First National Trust & Savings Bank v. Smith

Plaintiff bank brought suit for recognition of the existence of an easement which it claims was conveyed to defendant by mistake. It contends that upon receiving payment of a mortgage executed by defendants, it gave a quitclaim deed to defendants solely for the purpose of discharging the mortgage and that it did not intend to relinquish or convey an easement in the premises therein described. It seeks a decree declaring that it retains title in the easement, the same as it held prior to the giving of the quitclaim deed. The trial court dismissed the bill, and plaintiff appeals.

The property…