Maberry v. Gueths

Appellants sought a District Court order declaring void deeds by which respondents the Gueths claimed title to portions of certain abandoned railway lines. The District Court for the Tenth Judicial District, Fergus County, ruled that the Gueths held fee simple title to the property. We affirm.

The issues are:

1. Did the trial court err in finding that the railroad held fee title to the land, and not only a right-of-way easement?

2. Did the trial court err in not finding that the Gueths were collaterally estopped from claiming fee title to the land in question?

3. Did the trial court err in…