MacHado v. Southern Pacific Transportation Co.

Opinion

GRIGNON, J.

In this appeal, we are asked to determine whether a deed executed in 1895 by appellants’ ancestor in favor of respondent’s predecessor in interest constitutes a grant of land in fee simple or merely the conveyance of an easement for the operation of a railroad. If the conveyance was of an easement only, we are also asked to determine whether respondent acquired fee simple title by adverse possession. We conclude that the grant was of a fee interest and, alternatively, that if the original conveyance was of an easement, a fee was obtained by adverse possession. We affirm the…