Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. Geisel

Elliott, C. J. —

The question in this case is this: Did the deed of Gilbert McCoy vest in the appellant’s grantor an estate in fee to the land described in it ? The deed reads thus:

“Release of Right of Way.

“ I, Gilbert McCoy, of the county of Marion, and State of Indiana, for and in consideration of the advantages which *78may or will result to the public in general and myself in . particular, by the construction of the Lawreneeburgh and Upper Mississippi Railroad, as now surveyed, or as the same may be finally located, and for the purpose of facilitating the construction and completion of said…