AMERICAN

LAW REPORTS

ANNOTATED

RE APPLICATION OF THE CITY OF NEW YORK RELATIVE TO ACQUIRING TITLE TO THE PARKWAY IN THE BOROUGH OF THE BRONX.

(209 N. Y. 344, 103 N. E. 508.)

Boundaries - property abutting on highway.

1. Where a conveyance is of property abutting on a public highway, or where the descriptive lines run to or along such highway, the presumption is of an intent on the part of the grantor to convey title to the center of the highway; which presumption, however, must yield to language showing a contrary intent.

[See note on this question beginning on page 6.]

Same effect of description.

2. The presumption of an intent on the part of a grantor of land abutting on a highway to convey title up to the center of the highway is rebutted by a description of the premises conveyed which bounds them beginning at the

northwesterly corner of W. street and S. avenue, thence running westerly along said street 50 feet, thence north parallel with the avenue 100 feet, thence easterly parallel with the street 50 feet, thence southerly along the avenue 100 feet to the place of beginning.

APPEAL by petitioners from an order of the Appellate Division of the Supreme Court, First Department, affirming an order of a Special Term for New York County, Part I., directing distribution of an award to respondent in proceedings to acquire title to land required for street improvements. Reversed.

The facts are stated in the opinion Mr. James R. Deering, with Mr. James A. Deering, for appellants James A. Woolf et al.:

The deed from Thomas O. Woolf, 2 A.L.R.-1.

of the court.

Joseph A. Woolf, and John A. Woolf to Claus Young, dated July 19, 1855, did not include any part of the land within the boundaries of Walnut street