Weaver v. Natural Gas Pipeline Co. of America

This action was brought to determine whether a right-of-way agreement executed by plaintiffs’ predecessors in title to a 160-acre farm gives the Natural Gas Pipeline Company the right to replace a 4-inch gas pipeline constructed across the farm with a 10-inch line. The circuit court of DeKalb County held that the agreement gave defendant that right and denied plaintiffs’ prayer for injunctive relief. Plaintiffs appeal directly to this court because a freehold is involved.

On December 11, 1941, plaintiffs’ predecessors in title executed a right-of-way option authorizing defendant “to construct,…