Phar-Crest Land Corp. v. Therber

This case comes to this Court on transfer from the Appellate Court by an order made by that court which questions the soundness of the decision in Ross v. Legler (1964), 245 Ind. 655, 199 N. E. 2d 346. See 144 Ind. App., 242 N. E. 2d 641 for opinion of Appellate Court.

Plaintiff-appellant brought an action of ejectment and to quiet title to a strip of land which the appellant’s predecessors in title by deed had granted to the railroad back in 1908, and which land the railroad had ceased to use as a right-of-way. The deed was similar in character and concerned land owned by the same railroad in…