Alabama & Vicksburg Railway Co. v. Mashburn

The question for decision herein is whether appellant Railroad has a fee simple title to, or a mere easement in and over, a strip of land, comprising 5.45 acres, described in the bill, and being a part of the right-of-way of said Railroad. The chancellor held that the Railroad has only an easement. The question has given us much concern. A majority of the Court has concluded that the Railroad has a fee. The solution of the question rests in the interpretation of the terms of the deed to the predecessor of appellant Railroad, in the light of the pertinent facts and circumstances extrinsic of…