Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee simple estate and not an easement passed by virtue of this deed and the injunction was therefore properly denied. Carter Oil Co. v. Welker, (C. C. A. 7th, 1939) 112 F. (2d) 299.
Michigan Law Review,
DEEDS - CONSTRUCTION - EFFECT OF WORDS SHOWING PURPOSE OF GRANT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss3/13