Legal Opinion

Tazian v. Cline

Indiana Supreme Court

Decided September 26, 1997No. 02S03-9709-CV-512PublishedCited by 37 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

This case is one of several lawsuits in our state in which the ownership of land formerly constituting railroad rights-of-way is contested. We agree with the Court of Appeals and the trial court that the nineteenth century deed at issue here conveyed fee simple absolute to the railroad.

Background

Neither party disputes the following facts. Alice Cline purchased a 4.24 acre strip of land in Allen County from United Railroad Corporation/Penn Central Corporation by quitclaim deed on May 15, 1985, and duly recorded the deed. This strip of land abutted the…

2Cases cited21 opinions

  1. New York Indians v. United StatesSupreme Court of the United States · 1898
  2. Ross, Inc. v. LeglerIndiana Supreme Court · 1964
  3. Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GeiselIndiana Supreme Court · 1889
  4. Brown v. Penn Central Corp.Indiana Supreme Court · 1987
  5. Enderle v. SharmanIndiana Court of Appeals · 1981

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3Cited by37 opinions

  1. C & G, INC. v. RuleIdaho Supreme Court · 2001
  2. Macy Elevator, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  3. Clark v. CSX Transportation, Inc.Indiana Court of Appeals · 2000
  4. Hallaba v. Worldcom Network Services Inc.District Court, N.D. Oklahoma · 2000
  5. Poznic v. Porter County Development Corp.Indiana Court of Appeals · 2002

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