Martin v. Seaboard Air-Line Railway
Supreme Court of Georgia
Petition for injunction. Before Judge Brand. Gwinnett superior court. November 22, 1912. On the 23d day of April, 1891, T. M. Peeples executed a deed to tbe Georgia, Carolina & Northern Railway Company, reciting: “For and in consideration of'one dollar in hand paid, I, T. M. Peeples, hereby sell and convey to the Georgia, Carolina & Northern Railway Company, its successors and assigns, the following property: A strip of land extending each side of and at right angles to the…
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Petition for injunction. Before Judge Brand. Gwinnett superior court. November 22, 1912. On the 23d day of April, 1891, T. M. Peeples executed a deed to tbe Georgia, Carolina & Northern Railway Company, reciting: “For and in consideration of'one dollar in hand paid, I, T. M. Peeples, hereby sell and convey to the Georgia, Carolina & Northern Railway Company, its successors and assigns, the following property: A strip of land extending each side of and at right angles to the center of the track or road-bed of said line, as the same may be located and established by the party of the second…
1Opinion of the CourtAtkinson, J.
1. The land through which the right of way was granted was located in the town of Lawreneeville. The whole tract was not granted, but only a strip of land through the tract. The width of the strip was not specified in.feet, or other unit of measurement, but the fact that it was not does not require a construction of the deed that would authorize successive encroachments on the land of the grantor after the railroad company had *809selected the location for its road-bed and cuts and fills necessary to the maintenance of the road-bed through such land. So to construe the deed would authorize the…
2Cases cited2 opinions
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1906
3Cited by8 opinions
- Herren v. PettengillSupreme Court of Georgia · 2000
- Saul v. BowersSupreme Court of Georgia · 1923
- Kerlin v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1941
- City of Fort Worth v. Southwestern Bell Telephone Co.Court of Appeals for the Fifth Circuit · 1936
- Jackson Electric Membership Corp. v. EcholsCourt of Appeals of Georgia · 1951
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