Kansas City Southern Ry. Co. v. Marietta Oil Corp.

HUTCHESON, Circuit Judge.

The suit was for an injunction to prevent entry upon, to drill for oil on, the railroad right of way.

The claim was (1) that defendant had no right of any kind to the land, and therefore none to prospect for oil or other minerals underlying it, and (2) that if it did have, such rights were held subject to the exclusive right of plaintiff to possess the right of way for railroad purposes.

The defense was (1) that defendant was the owner of the land and minerals, subject only to plaintiff’s right of way easement, and (2) that the use defendant desired to make of the…