SUN OIL COMPANY v. EMERY

No. 36958.

164 N.W.2d 644 (1969)

183 Neb. 793

SUN OIL COMPANY and Farmers Irrigation District, Appellants, v. Mary EMERY et al., Appellees.

Supreme Court of Nebraska.

January 31, 1969.


Attorney(s) appearing for the Case

Robert J. Bulger, Bridgeport, Richard W. Coates, Denver, Colo., for appellants.

Lyman & Gallawa, Frank Glebe, Scottsbluff, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and HUBKA and GARROTTO, District Judges.


WHITE, Chief Justice.

The question involved in this case is whether the plaintiffs acquired a title in fee or a mere right-of-way by virtue of a deed executed by their predecessors in the chain of title in 1910. The pertinent portions of the deed are: "That the said parties * * * have remised, released and quit-claimed, and by these presents do, for themselves, their heirs, executors, administrators and assigns, remise, release and forever quit-claim and convey unto...

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