McCotter v. Barnes

The only question for decision is this: Did the deed made by A. P. Barnes and wife to The Carolina Land and Improvement Company convey fee-simple title or only an easement in the strip of land in controversy?

If the deed conveyed only an easement, the estate of the railroad company ceased and terminated when its tracks were removed and the railroad was abandoned, and the defendants, having succeeded to the rights of A. P. Barnes, would be entitled to an affirmance of the judgment below. On the other hand, if the deed conveyed the strip of land in fee simple, title has passed to the plaintiffs…