Pearson v. Chambers

PARKER, Judge.

The question presented is whether defendants acquired fee title to the forty-foot-wide strip or acquired merely an easement over the same. Defendants contend they acquired fee title, that the use of the term “right-of-way” as employed in the deed to them did not have the effect of limiting their estate to an easement but was merely descriptive of the use or purpose to which the forty-foot-wide strip of land was to be put, and that their deed having been first executed and recorded, the plaintiffs acquired no estate or interest whatsoever in the forty-foot-wide strip since the…