Brown v. Penn Central Corp.

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Third District Court of Appeals. The petition is brought by Plaintiffs-Appellants, owners of several lots of real estate in Churubusco, Indiana. The lots are contiguous to a railroad right-of-way running through the town. Defendant-Appeliee, Penn Central, is the successor in interest to the land in question.

Plaintiffs brought suit to quiet title to these lots in themselves. The trial court found that Penn Central's right-of-way was extinguished, but that Penn Central was vested with fee simple title to a certain strip…