Charles W. Terrett, Respondent, v. The New York and Brooklyn Steam Saw-mill and Lumber Company, Appellant

Charles W. Terrett, Respondent, v. The New York and Brooklyn Steam Saw-mill and Lumber Company, Appellant. (Submitted April 19, 1872; decided April 23, 1872.) This is an action of ejectment. Both parties claimed under a common source of title. Defendant’s deed was the prior one, and bounded the land conveyed on one side “ by the southeasterly line or side” of what was formerly known as First avenue, in the city of Brooklyn. This avenue had never been opened as a public highway, and had been discontinued by act of the legislature. The conveyance contained this clause, also, “ together with all the right and title of the grantor in and to one-half of the streets and avenues by which said lots are bounded.” There was no other avenue referred to in the description of the granted premises, and the grantor had title ■■thereto. Held, that defendant’s deed carried the title to the center of the avenue. Edgar M. Cullen for the appellant. Puf us L. Scott for the respondent. [MAJORITY — Allen, J.,] Allen, J., reads opinion for reversal and new trial. All concur. Judgment reversed and new trial ordered, costs to abide event.