
    No. 940
    KATKEVICH v. GOODMAN
    No. 20047.
    Supreme Court
    On motion to certify.
    Dock. Aug. 5, 1926;
    4 Abs. 541.
    445. EASEMENTS — When common owner of two lots sells same, one with a servient estate with full covenants of warranty, and afterwards the other, can there be an easement by implication of right of way although there is no strict necessity?
    Attorneys — Wilt & Yoder for Katkevich; Beckerman & Felsman for Goodman; all of Cleveland.
   Katkevich contends in the Supreme Court that where a common owner of two city lots .conveys one of them, a servient estate, with full covenants of warranty, and later conveys the other, there cannot be an easement or reservation by implication of a right of way over the rear of said servient estate, of ingress and egress to rear of other lot because owner abuts street and no such necessity therefor exists.  