Ohio & Mississippi Railway Co. v. Barker

Citations

• 125 Ill. 303
• 17 N.E. 797
• 1888 Ill. LEXIS 1097

Syllabus

<p>1. Description—as to land conveyed by deed—right of way. A deed to a railway company described the property as “all the line of railroad heretofore belonging to the Springfield and Illinois Southeastern Railway Company, * * * together with the right of way, and all the real and personal property late of the said railway company,” and also further described the property as “in any manner used or appropriated for the operating and maintaining of said line of road:” Held, that the latter words do not describe an additional kind or title of property intended to be conveyed, but simply describe the use to which the property conveyed had theretofore been devoted.</p> <p>2. Color of title—of its extent—according to description in deed. A deed is color of title only of that which is shown upon its face, or.otherwise, to be within the description of the grant. When it purports to convey all the right of way, etc., which before belonged to a certain railway company named, it is not color of title to any tract of land not shown to have been the right of way of the company therein named.</p>