Warfield

Plaintiff sued to quiet title to certain alleged easements over defendants’ property. Defendants cross-complained to quiet title against plaintiff’s claims. Plaintiff appeals from the judgment in favor of defendants.

Question Presented

Does the evidence establish an implied easement for ingress and egress over defendants’ land to plaintiff’s land?

Evidence

Both plaintiff’s lot and that of defendants’ originally belonged to one Bibbero. In 1911 he caused a four flat building to be erected on the lot now belonging to plaintiff. It bore four numbers, one of which was 2961. It had no garage but a large basement. It had a tradesmen’s entrance which was closed off in 1913. In 1937 it was converted into a guest house and bears the common number 2961. In 1913 on the lot now owned by defendants Bibbero constructed a two flat building commonly known as 2949. It had a large garage entranceway and also a tradesmen’s entrance. There is no common wall between the buildings. When Bibbero constructed the flats on defendants’ lot, sufficient excavation was made so that the basement of plaintiff’s lot could be used as a garage. Fire doors were put between the openings in the basement so that…