Smith v. Smith

WALSH, Justice.

In this appeal from the Court of Chancery, we address the question of whether a grantee in a private conveyance of land bounded by, or abutting on, a railroad right of way is presumed to take a fee simple title to the centerline of the railroad with the right to claim such title in the event the right of way is abandoned. In dismissing the underlying action, the Court of Chancery ruled that the rule announced in du-Pont v. American Life Insurance Company, Del.Ch., 187 A.2d 421 (1963), which applied such a presumption to land abutting an alleyway, should not be extended to land…