Brown v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from District Court, Third District; Hon. O. W. Morse, Judge. Action by James A. Brown, administrator of the estate of Elias Morris, deceased, against the Oregon Short Line Bailroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The grant or reservation of a “way” or “road” without other words of description, carries an easement only, and not the fee in the soil.
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Appeal from District Court, Third District; Hon. O. W. Morse, Judge. Action by James A. Brown, administrator of the estate of Elias Morris, deceased, against the Oregon Short Line Bailroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. The grant or reservation of a “way” or “road” without other words of description, carries an easement only, and not the fee in the soil. (Washburn on Easements [4 Ed.], p. 48, citing Jamaica Pond v. Chandler, 9 Allen (Mass.) 164; Graves v. Amoskeag Go., 44 N. H. 465; Leavitt v. Towle, 8 N. H. 97; Whitesides v. Green, 13 Utah 341.) The…
1Opinion of the CourtErick, J.
This is an action to quiet title to a strip of ground 330 feet in length by 36% feet in width, both parties claiming title to the strip and each praying for judgment that the title be quieted. The undisputed facts, in substance, are as follows: Bespondent’s intestate, one Elias Morris, up to November, 1882, was the owner in fee of all of lots 7 and 8 in block 65, Plat A, in Salt Lake City. Elias Morris died in March, 1898, and respondent a short time thereafter was duly appointed administrator of the estate of said Elias Morris, deceased. Block '65 is one of the original blocks *260of Salt Lake…
2Cases cited8 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Whitesides v. GreenUtah Supreme Court · 1896
- Lankin v. TerwilligerOregon Supreme Court · 1892
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3Cited by23 opinions
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- Lunt v. LanceCourt of Appeals of Utah · 2008
- Vanderbilt University v. WilliamsTennessee Supreme Court · 1925
- Hummel v. YoungUtah Supreme Court · 1953
- Mason v. StateUtah Supreme Court · 1982
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