Barton v. Jarvis

• Decision Date: 11 February 1927
• Citation: 218 Ky. 239
• Parties: Barton, et al. v. Jarvis, et al.
• Court: United States State Supreme Court — District of Kentucky

218 Ky. 239

Barton, et al. v. Jarvis, et al.

Court of Appeals of Kentucky.

Decided February 11, 1927.

1. Railroads — On Conveyance by Railroad of Land Granted for Certain Purposes, Land was Abandoned and Reverted to Grantor's Successors — "Abandonment." — Where deed to railroad indicated conveyance was made on condition that ground should be used only for certain purposes, conveyance by railroad to another constituted

"abandonment," whereupon land reverted to successors of grantors.

2. Railroads — When Purposes for Which Land was Conveyed to Railroad Are Abandoned, Land Reverts — "Easement." — If uses of land granted to railroad are limited to certain purposes, railroad acquires only an "easement" therefor, and, when purposes for which land was conveyed are abandoned, land reverts.

3. Easements — Forfeiture of Easements are not Favored, Unless Intent to Abandon Plainly Appears. — The courts are not inclined to favor forfeiture of easements, unless intent to abandon them plainly appears.

4. Abandonment — Attempt to Convey by Railroad is Conclusive Evidence of Intent to Abandon Ground Conveyed to it for Definite Purpose. — Act of railroad in attempting to convey a fee-simple title to land conveyed to it for specific purpose is conclusive evidence of its intent to abandon ground for purpose for which it had been conveyed.

Appeal from Whitley Circuit Court.

WOODWARD, WARFIELD & HOBSON for appellant Louisville and Nashville Railroad Company.

R.L. POPE and TYE, SILER & BROWNING for other appellants.

STEPHENS & STEELY for appellees.

OPINION OF THE COURT BY JUDGE REES.

Affirming.

In 1881 the Knoxville extension of the Lebanon branch of the Louisville & Nashville Railroad was constructed through Laurel and Whitley counties. The rail-road was constructed through a farm consisting of 600 acres of land owned by two brothers, Elihu Sutton and Liberty S. Sutton, and on the right of way of a public road. The railroad company constructed a new public road through the Sutton farm on the east side of its railroad and upon the east margin of the property which it had acquired from the Sutton brothers. On February 14, 1881, the Sutton brothers conveyed to the L. & N.R.R. Co. a right of way 66 feet in width, measured equally 33 feet on each side of the center line of the railroad. On March 19, 1881, they conveyed to the railroad company a strip of ground between construction stations 1056 and 1066, 1,000 feet long and 100 feet wide on each side of the center line of the railroad or 67 feet in width on either side of the original grant of 66 feet.

After describing the property conveyed the deed reads as follows: "To be used for depot purposes, subject to the following conditions, that is, the grantees agree that on west side of center line of said road from station 1058 to station 1060 no buildings or pens or shed shall be erected, or anything except sidetracks and switches without consent of the grantors." The habendum clause is as follows: "To have and to hold the land hereby conveyed unto said railroad company and their assigns for use of depot buildings, sidetracks, water tanks, catle pens and all other proper use of said railroad company in operating their road, and for said uses the said grantors do hereby covenant to warrant the title of said land to the grantees and their assigns against all claims whatsoever."

A slight change having been made in the location of the center line of the railroad and the railroad company apparently desiring an additional 87 feet of ground, the Suttons on September 17, 1881, executed another deed to the railroad company by which they conveyed to it a strip of ground 1,087 feet in length and 100 feet wide on each side of the center line of the railroad, the habendum clause being as follows: "To have and to hold the lands hereby conveyed unto said railroad company and assigns for the use of depot buildings, side tracks, water tanks, cattle pens and all other proper uses necessary to operate its railroad, and the grantors do for themselves and heirs warrant the title to the lands aforesaid to the grantees and its assigns for the use above named against all claims whatever. This conveyance takes the place of the former deed for depot grounds except when the two cover the same land."

In the course of time the village of Woodbine grew up around this property. In 1915 a public road known as the Dixie Highway was constructed connecting Williamsburg and Corbin and passing through the village....