Hicks v. Thomson

KERNER, Circuit Judge.

Florence G. Hicks and N. E. Catlin, appellants, filed an action in the debtor’s reorganization proceedings against Charles M. Thomson, as trustee of the Chicago & North Western Railway Company, and James E. Lockwood, his lessee, challenging the trustee’s title to and use of a strip of land, which had been acquired by deed, part of which had been leased to Lockwood as a site for a bulk oil and retail filling station. The action was brought on the theory that the Chicago & North Western (hereinafter called the “Railroad”) was vested with an easement for railroad purposes,…