Tallman v. E.I. P.R.R. Co.

This action was instituted by appellants, G.L. Tallman, L.R. Tallman and the Carter Oil Company against Eastern Illinois and Peoria Railroad Company, appellee, to quiet title to oil and gas underlying a strip of land in Fayette county. The circuit court held that appellee was the owner in fee simple of the land in controversy and appeal is brought directly to this court because a freehold is involved. The case was tried upon a stipulation of fact and involves the construction of the following deed:

"RIGHT OF WAY DEED.

THIS INDENTURE WITNESSETH, That D.E. Withers, and his wife, Nancy A. Withers,…