Griffith v. Southern Railway Co.

The question for decision is whether or not the defendant has an easement in and to the land of the plaintiff by reason of the construction of a line of railroad over or abutting the land of the plaintiff by the A. T. & O. Railroad, the defendant’s predecessor in title. The defendant contends that it has such an easement. The plaintiff, upon the other hand, contends that defendant’s claim constitutes a cloud upon his title and brings this action to remove the cloud.

If there be a cloud upon plaintiff’s title, it arises from one or all of three sources, to wit :(1) Entry by defendant’s…