Lawson v. Georgia Southern & Florida Railway Co.
Supreme Court of Georgia
Complaint for land. Before Judge Thomas. Lowndes superior court. July 15, 1913. On May 5, 1890, W. W. Lawson executed to the Georgia Southern & Florida Bailroad Company a deed, the material parts of which are: “Witnesseth that the said party of the first part, for and in consideration of the location of a depot at Hahira, at and before the sealing and delivery of these presents, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant,…
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Complaint for land. Before Judge Thomas. Lowndes superior court. July 15, 1913. On May 5, 1890, W. W. Lawson executed to the Georgia Southern & Florida Bailroad Company a deed, the material parts of which are: “Witnesseth that the said party of the first part, for and in consideration of the location of a depot at Hahira, at and before the sealing and delivery of these presents, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said party of the second part, and assigns, all the following…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The habendum clause of the deed was: “To have and to hold said parcels of land to said railroad, their assigns, for railroad purposes only, and for the time that they shall so use it.” If the grant had been to the railroad company or its assigns “for railroad purposes only,” with no words of reverter or of limitation, the deed would pass the fee. The phrase “for railroad purposes only” in such a case would be merely a declaration of the purpose for which the land conveyed was intended to be used. Tift v. S., F. & W. Ry. Co., 103 Ga. 580 (30 S. E. 666);…
2Cases cited11 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Atlanta Consolidated Street Railway Co. v. JacksonSupreme Court of Georgia · 1899
- Thompson v. HartSupreme Court of Georgia · 1909
- Illinois Central R. R. v. WathenAppellate Court of Illinois · 1885
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3Cited by25 opinions
- L. & G. Realty & Construction Co. v. City of IndianapolisIndiana Court of Appeals · 1957
- Marthens v. B & O RAILROAD CO.West Virginia Supreme Court · 1982
- Kennedy v. KennedySupreme Court of Georgia · 1936
- Sanford v. SimsSupreme Court of Virginia · 1951
- Hollomon v. Board of EducationSupreme Court of Georgia · 1929
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