Marland v. Gillespie

I am unable to concur in the majority opinion. The deed in question is designated a general warranty deed. In the granting clause appears, in part, the following:

“That said party of the first part * * * does by these presents grant, bargain, sell and convey unto said party of the second part. * * * all of the following real estate situated in the county of Kay and Territory of Oklahoma, towit:

“A strip of land 50 feet in width ofiE the north side of the northeast quarter (-(4) etc. * * *

“The same being for a right of way for a railroad track as the survey thereof is now located, and said…