Kansas, Oklahoma & Gulf Ry. Co. v. Rogers

This is an action commenced on August 17, 1938, by W. G. Rogers to quiet title to a tract of land consisting of 27.75 acres on which the defendant railroad company had an easement for water reservoir and water station purposes. From the judgment in favor of plaintiff, quieting title in plaintiff to the land in controversy, except the regular right of way of the railroad, this appeal was taken.

The M., O. & G. Railroad Company, predecessor in title to the defendant railroad company, acquired an easement on some five acres of the tract in 1907 and built thereon a reservoir known as the Coal…