Hawk v. Rice

McCORMICK, Justice.

This case turns on whether a deed of right of way for a railroad conveyed a determinable fee or an easement. The railroad abandoned its trackage in 1976 and two years later quitclaimed its interest in the right of way to defendant Robert L. Rice. Plaintiff Merton V. Hawk, successor in interest to the original grantor, brought this action to quiet title to the land. The trial court held that the original grant was of a mere easement which reverted to Hawk when the trackage was abandoned, and the court therefore quieted title in him. Upon Rice’s appeal the court of appeals…