MIDLAND VALLEY R. CO. v. JARVIS

No. 8050.

29 F.2d 539 (1928)

MIDLAND VALLEY R. CO. v. JARVIS et al.

Circuit Court of Appeals, Eighth Circuit.

November 26, 1928.


Attorney(s) appearing for the Case

O. E. Swan, of Muskogee, Okl. (J. D. Gibson, of Muskogee, Okl., on the brief), for appellant.

George Siefkin, of Wichita, Kan. (Robert C. Foulston, W. E. Holmes, D. W. Eaton, Sidney L. Foulston, and Lester L. Morris, all of Wichita, Kan., on the brief), for appellees.

Edward J. White, Joseph M. Bryson, and E. T. Miller, all of St. Louis, Mo., amici curiæ.

Before VAN VALKENBURGH and BOOTH, Circuit Judges.


VAN VALKENBURGH, Circuit Judge.

Appellant, Midland Valley Railroad Company, through lease from the Wichita & Midland Valley Railroad Company, holds the following property by virtue of a right of way deed from L. K. Scroggin, the fee owner at the time said deed was executed:

That portion of a strip of ground in Sumner county, Kansas, 100 feet in width, lying in the southeast quarter of section 14, township 32 south, range 2 east, said strip being 50 feet...

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