Henry v. Columbus Depot Co.

The facts heretofore related are undisputed, and as a consequence the sole issue is one of law as to whether the depot company, by the appropriation proceedings, acquired a fee to the premises in question, or only an easement therein for the purposes of maintaining and operating a terminal interurban depot thereon. If it acquired a fee, then the prayer of the claimants must be denied; but if only an easement, the claimants are entitled to prevail and have their fee-simple title quieted.

The title of the depot company came to it not by deed of conveyance, but through the exercise of the right…