Summary
In Roxana Petroleum Corp. v. Jarvis, 127 Kan. 365, 273 P. 661 (1929), this court construed deeds containing the expressions "less railroad right of way" and "excepting railroad right of way" and held the deeds conveyed the grantors' interest in the right-of-way tract and title vested in the owners of the tract at the time the right-of-way was abandoned.
Summary of this case from Gauger v. StateOpinion
No. 2855
January 18, 1929.
Cyrus A. Hovey, of Los Angeles, Calif., and Green Lunsford, of Reno, for Petitioner.
C.C. Ward, of Mina, and M.A. Diskin, Attorney-General, for Respondents.
OPINION
The facts in this matter are substantially the same as in the proceeding No. 2856, 273 P. 659, of the same title, this day decided, except that there has been no sale under the judgment rendered. Upon authority of the opinion in the matter mentioned, it is ordered that the so-called judgment complained of in this proceeding be and the same is hereby declared null and void and held for naught. Applicant to have judgment for its costs herein expended.