Chicago, Rock Island & Pacific Railroad v. Olsen

Minor W. Millwee, Justice.

In 1895, Adam Lock-hart executed a deed to the Arkansas Southern Railroad Company covering certain lands. The instrument is entitled “Deed of Right-of-Way” and recites:

“Witnesseth: That the party of the first part for and in consideration of the sum of twelve and 15/100 dollars received from the party of the second part the receipt of which is hereby acknowledged, does by these presents grant, bargain, sell, convey and confirm unto the party of the second part and unto its successors and assigns, all that piece or parcel of land, being a strip of land one hundred…