Gulf, Colorado & Santa Fe Railway Co. v. Smith

Hobby, Judge.

Appellant, the Gulf, Colorado and Sante Fe Railroad Company, was granted the right of way through and over a tract of land of about 1200 acres, in Bell County, by the terms of a deed from Guy M. Bryan, executed to them on the 23d day of July, 1881.

The deed conveying the right of way contained the following stipulation: “ It is expressly understood and agreed that whenever the whole or any portion of any of said land crossing the line of said railway is enclosed and used exclusively for pasturage, the said company shall, so long as such land is used exclusively for pasturage as…