Netherlands American Mortgage Bank v. Eastern Railway & Lumber Co.

This is an appeal by the plaintiff from a decree dismissing its suit to quiet title to a farm in Lewis county and affirmatively establishing a right of way through the premises for a private logging railroad.

Appellant’s title to the eighty acres affected by the right of way is deraigned from the estate of Charlemagne Tower through a deed containing no reservation with respect to the right of way, dated November 12, 1902, while respondent bases its claim to the right of way upon a deed from Charlemagne Tower and his wife, dated May 14,1889, which grants to respondent’s predecessor in interest

“A…