Askew v. Spence

Hawkins, Justice.

This was a suit in ejectment, wherein the plaintiff based his claim of title to the premises in dispute upon the instruments hereinafter quoted. To the judgment granting a nonsuit the plaintiff excepted. It is conceded by counsel that the controlling question is whether the instruments upon which the plaintiff bases his claim of title convey the title to the lands therein referred to, or merely an easement for railroad purposes. Each of the instruments to be construed, except the name of the grantor, is as follows: “For and in consideration of one dollar in hand paid, I, [the…