Ohio & Mississippi Railway Co. v. Barker
Ohio & Mississippi Railway Co. v. Barker
Opinion of the Court
delivered the opinion of the Court :
The description of the property conveyed to appellee is, “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.” The subsequent words, “in any manner used or appropriated for the operating and maintaining of said line of road,” do not describe an additional kind or title of the property intended to be conveyed, but describe simply the use to which the property intended to be conveyed has heretofore been devoted; and so we must first ascertain whether the property in suit is a part of “the line of railway heretofore belonging to the Springfield and Illinois Southeastern Railway Company,” or whether it is a part of “the right of way late of the said railway company.” The words, “right of way late of said railway company,” plainly can only mean right of way owned by said company, for the property of and the property owned by an individual or corporation, as commonly used and understood, mean precisely the same thing. There is no evidence in this record that the land in suit is a part of the line of railway heretofore belonging to the Springfield and Illinois Southeastern Railway Company, or that it is a part of the right of way owned by that company. The deed is only color of title of that which is shown to be within the description of the grant, and is therefore, under this evidence, not color of title to this land. Stumpf v. Osterhage, 111 Ill. 82; Holbrook v. Forsythe, 112 id. 306.
There being wanting proof of color of title, the judgment below is right, and it must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The Ohio and Mississippi Railway Company v. Clara Barker
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 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. 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.