Harvest Queen Mill & Elevator Co. v. Sanders

The opinion of the court was delivered by

Wertz, J.:

This was an action by the Chicago, Rock Island & Pacific Railroad Company, a corporation, and its oil and gas lessees, plaintiffs (appellants), to quiet title to a narrow strip of land, including the underlying minerals, running across defendants Sanders’ farm. Defendants (appellees), Sanders and their lessees, cross petitioned to quiet title to the entire quarter section of land owned by the Sanders, of which the strips are a part, conceding the existence of an easement for right-of-way purposes in the mentioned railroad. From a judgment…