E.g. , Buhl v. U.S. Sprint Commc'ns Co. , 840 S.W.2d 904 (Tenn. 1992) ; Lillard v. Southern Ry. Co. , 206 Tenn. 1, 330 S.W.2d 335 (1959) ; Baird v. Southern Ry. , 179 Tenn. 366, 166 S.W.2d 617 (1942) ; Nashville, Chattanooga & St. Louis Ry. v. Bell , 162 Tenn. 661, 39 S.W.2d 1026 (1931) ; Pemberton v. Southern Ry. Co. , 162 Tenn. 65, 34 S.W.2d 444 (1931). In three of those cases, the Supreme Court held that the deed conveyed land in fee simple.

The estate acquired by the railroad company is to be determined from the intention of the parties gathered from the deed construed in connection with the company's charter, or governing statutes, and, in case of ambiguity, if any, in the light of the circumstances surrounding the execution of the deed. Such is the rule stated in our recent cases of Pemberton v. Railway, 162 Tenn. 65, 34 S.W.2d 444, and Farrar v. Railway, 162 Tenn. 313, 36 S.W.2d 95. 39 S.W.2d at 1027.

The estate acquired by the Railroad Company is to be determined from the intention of the parties gathered from the deed construed in connection with the Company's charter, or governing statutes, and in case of ambiguity, if any, in the light of the circumstances surrounding the execution of the deed. Such is the rule stated in our recent cases of Pemberton v. Railway, 162 Tenn. 65, 34 S.W.2d 444, and Farrar v. Railway, 162 Tenn. 313, 36 S.W.2d 95. The statute, section 3672, Shannon's Code, declares that every grant or devise of land passes the estate in fee unless the intent to pass a different estate, "shall appear by express terms, or be necessarily implied in the terms of the instrument."