Brightwell v. International-Great Northern R.

Appellants assail an order of the Anderson county district court holding the railroad company to have a fee-simple title to the strip of land involved and refusing, on their application, to temporarily enjoin it from drilling for oil thereon, ably contending that the deed under which the company holds only gives it a mere easement in the surface of the soil for the single purpose of operating its railway “over and upon” the same; the deed involved was on one of the railroad company’s printed forms, except as to the underscored recitations, which were written in, apparently, by the grantor in…