Lillard v. Southern Railway Company

The defendant below, Lillard, filed suit for damages to real property in Circuit Court for McMinn County, against defendant, Southern Bailway Company, seeking damages for the taking of certain real estate near the tracks of the Bailway Company.

The Circuit Judge sustained the demurrer to the declaration and this appeal resulted.

The question before us is did the deed from Lewis Boss to Hiwassee Bailroad Company, convey an easement or right-of-way therein described or did the instrument convey a fee simple title?

The effect of the ruling of the Circuit Judge is that the instrument only conveyed…