Standard Oil Co. v. Milner

• Decision Date: 05 April 1962
• Docket Number: 6 Div. 403
• Citation: 152 So.2d 431,275 Ala. 104
• Parties: STANDARD OIL COMPANY v. Susie M. MILNER et al.
• Court: Alabama Supreme Court

Page 431

152 So.2d 431

275 Ala. 104

STANDARD OIL COMPANY v. Susie M. MILNER et al.

6 Div. 403.

Supreme Court of Alabama.

April 5, 1962.

As Modified on Denial of Rehearing Jan. 17, 1963.

Further Rehearing Denied May 9, 1963.

White, Bradley, Arant, All & Rose, Romaine S. Scott, Jr., and J. Robt. Fleenor, Birmingham, for appellant.

Graham, Bibb, Wingo & Foster, Birmingham, for appellees.

GOODWYN, Justice.

Appellees (Susie M. Milner, Martha Milner Benedict, and Gustrine Milner Mabry) filed in the circuit court of Jefferson County, in equity, a bill against appellant (Standard Oil Company) seeking a declaration that, as between the parties, Standard Oil 'owns no right, title or interest' in a specified portion of an abandoned railroad right-of-way and that appellees are the owners in fee simple of such property. Standard Oil brings this appeal from a final decree granting to appellees the relief they prayed for.

What has to be decided is the ownership, as between the parties, of that portion of the southeasterly half of the abandoned right-of-way lying adjacent to two 15 foot alleyways which are adjacent to a lot owned by Standard Oil. The portion involved is cross-marked on the drawing set out below. Bearing on the question are several conveyances, and also two plats abutting both sides of the right-of-way, which are discussed hereinafter.

Our conclusion is that the trial court correctly held that title to the disputed strip, as between the parties, is in appellees.

The following drawing will be helpful in understanding the situation:

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

All of this land is in the North half of the Southeast quarter of Section 6, Township 18 South, Range 2 West, Jefferson County. In 1889 it was owned in fee simple by John T. Milner, W. J. Milner, and George H. McLaughlin. In January of that year, these owners, joined by their wives, conveyed to Birmingham Mineral Railroad Company, for a recited consideration of $5.00, 'the right-of-way for its Railroad, to be twenty five feet each side of the center line of the Railroad as located, and to be constructed and operated in and over' said land. The portion of the 50 foot right-of-way of present concern is, as already noted, cross-marked on the above drawing. The deed contains the following reservation, habendum clause, and warranty:

'* * * reserving to ourselves and assigns all minerals in or upon said land together with the right to mine and remove the same. * * * See Plat attached showing location which is made a part thereof. * * * To Have and to Hold the above granted strip of land unto the said Birmingham Mineral Railroad Company, or its assigns, forever.

And in consideration of the premises we do covenant to and with the Birmingham Mineral Railroad Company, its successors and assigns, that the above granted premises are free from all encumbrances, that we are lawfully seized in fee, and that we will forever warrant and defend the same to said Birmingham Mineral Railroad Company, its successors or assigns, against the lawful claims and demands of all persons whomsoever.'

On January 11, 1904, the Louisville & Nashville Railroad Company acquired all the right, title and interest which Birmingham Mineral Railroad Company acquired under its 1889 deed from the Milners and McLaughlin.

On September 28, 1954, the Louisville & Nashville Railroad Company quitclaimed to Standard Oil all of its right, title and interest to the portion of the right-of-way here involved. There is no dispute that, at that time, there had been a complete abandonment of the right-of-way for railroad purposes. The deed from Louisville & Nashville Railroad Company to Standard Oil and other deeds from said company show this. Also, the evidence shows that the rails and crossties have been taken up.

Through mesne conveyances, Milner Land Company, Inc., acquired, on November 9, 1912, all the right, title and interest which the Milners and McLaughlin had in the North half of the Southeast quarter of Section 6, subject to the rights acquired by Birmingham Mineral Railroad Company under its 1889 deed. The conveyance to Milner Land Company was by general warranty deed and embraced 'all of the north half (N. 1/2) of the southeast quarter (S.E. 1/4) and the south half (S. 1/2) of the northeast quarter (N.E. 1/4), of section six (6), township eighteen (18) south, range two (2) west', excepting certain parcels of land not here involved. Included in the exceptions was the following: '(H.) And subject to the right of way over said lands heretofore conveyed to the Birmingham Mineral Railroad Company by John T. Milner, W. J. Milner and George H. McLaughlin and their wives, by deed which was filed for record January 21st, 1890, and recorded in Volume 132 at page 583 of the records in the office of the Probate Judge of Jefferson County, Alabama.'

On May 14, 1919, Milner Land Company conveyed to William Mitchell Smith the following described land (located to the southeast of the railroad right-of-way) in the North half of the Southeast quarter of Section 6, viz.:

'Beginning at the point of intersection of the south line of said N 1/2 of SE 1/4 of Section 6 with the west line of a 50 foot street whose center is the centerline of the Pump House Road, thence westward in said south line of N 1/2 of SE 1/4 1067.8 feet to the southern right of way line of the Birmingham Mineral railroad which right of way line is 25 feet southward of and parallel with the center of the track thence in a northeasterly direction along said southern right of way line of said railroad 1082.7 feet to the western line of the Pump House Road Street; thence along said west line of said Pump House Road Street in a southerly direction 543.2 feet to the point of beginning. EXCEPTING AND RESERVING therefrom all the iron ores in and under same, together with the right to mine and remove said iron ores, provided that the grantor, its successors or assigns, shall not in the exercise of said right, use or disturb the surface of said land in any manner whatsoever. * * *' [Emphasis supplied.]

Thereafter, through mesne conveyances, Charles R. Byrd acquired said land sold to Smith and subdivided it, by plat filed November 1, 1926, into what is known as English Village, West Sector; the North line of the part of this subdivision with which we are concerned being along the South line of the railroad right-of-way.

On July 13, 1939, Byrd sold to Standard Oil Lot 3 (less the easterly 10 feet) in Block 3 of said subdivision.

On July 17, 1924, Milner Land Company subdivided its land lying to the north of that part of the railroad right-of-way of present concern, said subdivision being known as Milner Land Company's Sixth Addition to Birmingham. It then sold lots 3 (on July 28, 1924), 4 (on January 4, 1926), and 5 (on August 22, 1925), in Block 20, of the subdivision. Each deed describes the lot being conveyed as follows: 'Lot Three [Four] [Five] in Block Number Twenty according to the map and survey of Milner Land Company (Inc.) known as Milner Land Company's Sixth Addition to Birmingham, as recorded in Volume 14 of Maps, on page 21-22 in the office of the Judge of Probate of Jefferson County, Alabama.' As will be seen from the drawing above, these lots abut the North line of the railroad right-of-way opposite the portion in dispute. After abandonment of the railroad right-of-way, the owners of these three lots quitclaimed to Standard Oil all of their right, title, interest, and claim in or to the disputed portion of the right-of-way.

On October 15, 1941, Milner Land Company conveyed to appellees all of its property situated in Jefferson County, Alabama. Some of the parcels were specifically described. There was also a general description, as follows:

'All property, real, personal, or mixed, of every kind and character and wheresoever situated, owned, belonging to, or possessed by Milner Land Company, Inc. on the date of the execution of this instrument (other than that property specifically described elsewhere in this instrument).'

The right-of-way was not specifically described, except as to the minerals therein. These were included in the description covering all the minerals in the lands embraced in the Plat of English Village, West Sector (the iron ores therein were reserved, as already noted, in Milner Land Company's deed of said lands to William Mitchell Smith), and within the railroad right-of-way between said Plat and the Plat of Milner Land Company's Sixth Addition to Birmingham. (The minerals within the right-of-way were reserved, as already noted, in the right-of-way deed from the Milners and McLaughlin to Birmingham Mineral Railroad Company). The North boundary of these mineral lands is described in said deed to appellees as beginning at the point of intersection of the South line of the NE 1/4 of the SE 1/4 of Section 6 with the North line of the right-of-way, thence running in a Northeasterly direction 'along the said North line of the right-of-way.'

The above conveyance of October 15, 1941, to appellees was the only deed or instrument executed by Milner Land Company affecting 'any right, title or interest which the said Company had, if any, in the strip of land' here involved.

On this appeal, there appears to be no real disagreement between the parties that the 1889 deed from the Milners and McLaughlin to Birmingham Mineral Railroad Company conveyed only a right-of-way easement and did not pass the absolute fee (see: Town of Citronelle v. Gulf Oil Corp., 270 Ala. 378, 381-382, 119 So.2d 180; Seaboard Airline Ry. v. Banks, 207 Ala. 194, 195, 92 So. 117; Alabama Great Southern R. Co. v. McWhorter, 202 Ala. 455, 456, 80 So. 839; New Orleans & Northeastern R. R. v. Morrison, 203 Miss. 791, 35 So.2d 68, 70; Jones v. New Orleans & Northeastern R. Co., 214 Miss. 804, 59 So.2d 541, 542; 44 Am.Jur., Railroads, § 97; 74 C.J.S. Railroads § 84c; Anno: 'Deed to railroad company as...