Bolton v. Dyck Oil Co.

By his warranty deed, dated August 23, 1880, John Barber conveyed to Odis Eaton by specific metes and bounds a tract of land, a part of the S. P. Hollingsworth survey in Rusk county; the last call in the deed read as follows: "Thence eastward with said R. R. 709 vrs. to place of beginning, containing 87 acres after deducting the right of way of said H. O. RR." By his deed in writing, dated May 15, 1877, John Barber conveyed to the H. O. R. R. Co. a right of way — a mere easement — across this tract of land. The land as conveyed by Barber to Eaton was surveyed in 1934 and contained 93.1 acres…