Ritter v. Thompson
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellant instituted this suit in the Poinsett Chancery Court, and alleged, in substance, that on the 22d day of July, 1898, he was the owner of, and by deed of that date conveyed to the Kansas City, Fort Scott & Memphis Railway Company, a strip of land situated in Marked Tree, Poinsett County, Arkansas, which he described in his complaint.
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Appeal from Poinsett Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellant instituted this suit in the Poinsett Chancery Court, and alleged, in substance, that on the 22d day of July, 1898, he was the owner of, and by deed of that date conveyed to the Kansas City, Fort Scott & Memphis Railway Company, a strip of land situated in Marked Tree, Poinsett County, Arkansas, which he described in his complaint. He alleged that the grantee in the deed subsequently conveyed its interest to the St. Louis & San Francisco Railway Company, one of the appellees; that the deed…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The appellant contends that the language used in the deed to appellee railway company, “for railroad purposes only,” had the effect of limiting the use of all the lands mentioned in the deed to the purposes of an easement only; that the deeds conveyed an easement in the land, and that when the railway company ceased to use the entire tract conveyed or any part thereof for the purposes of its easement the appellant, being the owner of the land in fee, had the right to re-enter and take possession of the part that was not used as an easement.
In our…
2Cases cited5 opinions
- Morrill v. Wabash, St. Louis & Pacific RailwaySupreme Court of Missouri · 1888
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Reichert v. St. L. & S. Fr. Ry.Supreme Court of Arkansas · 1889
- Bain v. ParkerSupreme Court of Arkansas · 1905
- Kampman v. KampmanSupreme Court of Arkansas · 1911
3Cited by7 opinions
- City of Santa Monica v. JonesCalifornia Court of Appeal · 1951
- Campbell v. Southwestern Telegraph & Telephone Co.Supreme Court of Arkansas · 1913
- International Paper Co. v. MCI Worldcom Network Services, Inc.District Court, W.D. Arkansas · 2002
- Kouwenhoven v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Dunford v. Dardanelle & Russellville RailroadSupreme Court of Arkansas · 1926
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