Descendants of Bulloch, Bussey & Co. v. Fowler

Sears, Justice.

This appeal concerns competing claims to an abandoned railroad right-of-way. The dispositive issue is whether deeds to the appellees that designated the railroad right-of-way as a boundary conveyed the grantor’s fee title to the centerline of the right-of-way to the appellees or whether the deeds only conveyed fee title up to the right-of-way. We conclude that the deeds transferred fee title to the centerline of the right-of-way, and that the trial court properly decreed that title belonged to the appellees.

In 1886, C. A. Lamar made the original grant of the railroad…