Peacock v. Atlantic Coast Line Railroad

The evidence offered by the plaintiff at the trial of this action tends to show that the land described in the complaint was conveyed to plaintiff by a deed containing the following language:

“Excepting from the operation of this deed all rights of the Atlantic Coast Line Railroad in and to the southern portion of said property.”

Plaintiff offered no evidence tending to show tbe nature, character or extent of tbe rights of tbe defendant, Atlantic Coast Line Railroad Company in and to the land in controversy, or that the defendants were claiming under the exception in his deed.

The principle that…