Farrar v. N. C. & St. L. Ry.

Upon abandonment of a branch of its railway lines extending through Lincoln County, the defendant removed its rails and cross ties, and also executed a deed conveying two small lots of land adjacent to its right of way to one J. C. Cardy. Complainant sets up in his hill that he is the owner of the lands out of which the lots, and a portion of the railway’s right of way, were originally carved, and seeks (1) to recover the ties and rails removed, or their value, and (2) to have cancelled as a cloud the conveyance to Cardy.

Complainant’s theory with respect to the ties and rails is that they…