Mullens v. Virginian Railway Co.

Litz, Judge:

This ease was certified from the ruling of the circuit court sustaining a demurrer to the original and amended hills. The bills show that plaintiff, the owner of a tract of land lying along both sides of Slab ■ Fork Creek of G-uyandotte river, in Wyoming county, on October 10, 1902, conveyed to Deep-water Railway Company, defendant’s predecessor, a portion thereof for right-of-way upon which to construct a railroad, and on July 20, 1904, conveyed to said Railway Company another part of said land for a like purpose; that the deed conveying the second parcel also granted such…