Abercrombie v. Simmons

Citations

• 71 Kan. 538
• 81 P. 208
• 1905 Kan. LEXIS 178

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyances — Description not Indefinite. ■ A railroad company purchased a strip of land for a right of way, the line of which had been surveyed and staked out but no part of the railroad had been built, and in the deed the land was described as a part of a certain quarter-section lying within fifty feet of the main track of the railroad. Within a few days after the execution of the deed a map and profile of the railroad was made by the company, and subsequently filed. Held, that the deed was not void because of indefiniteness in the description.</p> <p>2. -Doubtful Description — Rule of Construction. In construing a doubtful description in a conveyance the court will keep in mind the position of the contracting parties, and the circumstances under which they acted, and will interpret the language of the instrument in the light of these circumstances.</p> <p>3. - Grant for Right of Way — Limitation. An instrument which is in form a general warranty deed, conveying a strip of land to a railroad company for a right of way, will not vest an absolute title in the railroad company, but the interest conveyed is limited by the use for which the land is acquired, and when that use is abandoned the property will revert to the adjoining owner.</p>