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ENGEL v. CATUCCI

No. 11120.

197 F.2d 597 (1952)

ENGEL v. CATUCCI.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1952.

Attorney(s) appearing for the Case

Milton Kaplan, Washington, D.C., for appellant.

Allan L. Kamerow, Washington, D.C., with whom Stanley H. Kamerow, Washington, D.C., was on the brief, for appellee.

Vernon E. West, Corp. Counsel for the District of Columbia, Chester H. Gray, Principal Asst. Corp. Counsel, and Milton D. Korman, Asst. Corp. Counsel, Washington, D.C., filed a brief on behalf of the District of Columbia as amicus curiae, urging reversal.

Before CLARK, PRETTYMAN, and WASHINGTON, Circuit Judges.

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...

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