Hennick v. Kansas City Southern Railway Co.

COIL, C.

Respondents (called plaintiffs herein) brought an action to quiet title to a 40-foot strip of land which had been the south half of the 80-foot right-of-way of Missouri & Arkansas Railway Company (called M. & A. herein). Appellant (called defendant herein) contends it received an easement in the 80-foot strip for railroad purposes by a conveyance, executed June 21, 1950, from the stockholders’ trustees of the dissolved M. & A. The trial court adjudged title in plaintiffs free of any easement for railroad purposes.

The M. & A., prior to September 6, 1946, operated a railroad from…