Opinion
Nos. 23754, 24281.
March 12, 1935. Rehearing Denied April 9, 1935.
(Syllabus.)
Railroads — Railroad Corporation Authorized to Acquire Fee-Simple Title to Realty for Railroad Purposes by Voluntary Conveyance.
Under section 9698, O. S. 1931, which provides that every estate in land conveyed shall be deemed an estate in fee simple unless limited by express words; and section 11913, O. S. 1931, which confers on railroad corporations the power to purchase title to land for right-of-way or other railroad purposes, and section 13713, O. S. 1931 (sec. 2, art. 22, Okla. Const.), which provides that a corporation doing business in this state shall not acquire, trade, or deal in real estate except such as shall be necessary and proper for carrying on the business for which it was chartered or licensed, a railroad corporation has power to acquire fee-simple title to real estate in Oklahoma for railroad purposes by voluntary conveyance.
Appeal from District Court, Creek County; Gaylord R. Wilcox, Judge.
Action by J.M. Cumbey et al. against C.F. Urschel and action by Ruth Pearl Magee et al. against Tom Slick Properties, Inc. Judgments for defendants, and plaintiffs appeal. Affirmed.
Chas. B. Rogers and E.O. Patterson, for plaintiffs in error.
Stokes Jarman, Grant Price, and F.A. Bodovitz, for defendants In error.
In the latter cause a demurrer to the evidence of plaintiff was sustained and judgment rendered for defendant. In the former cause defendant's motion for judgment on the pleadings was sustained.
The decisive question involved in these appeals is whether, under the laws of the state of Oklahoma, a railroad corporation has capacity to acquire by purchase fee title to lands necessary for railroad purposes.
In both causes the instruments in question are general warranty deeds, and by unambiguous words these deeds purport to convey estates in fee. There are no reservations in the deeds; neither deed purports to limit the grant of land "for railroad purposes."
The effect of the judgments below was to answer the decisive question in the affirmative and in accord with the decision of this court in Marland v. Gillespie, 168 Okla. 376, 33 P.2d 207.
Judgments affirmed.
McNEILL, C. J., and BUSBY, PHELPS, and GIBSON, JJ., concur.