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BOYD v. PIERCE

No. 82-180.

644 S.W.2d 927 (1983)

278 Ark. 161

Mary Ann BOYD and Ashley Drew and Northern Railway Company, Appellants, v. Homer PIERCE et al, Appellees.

Supreme Court of Arkansas.

Rehearing Denied February 21, 1983.

Attorney(s) appearing for the Case

Arnold, Hamilton & Streetman, Hamburg, for appellants.

William E. Johnson, Hamburg, for appellees.

GEORGE ROSE SMITH, Justice.

In 1912 the appellees' predecessors in title, Arthur Pierce and his wife, signed a printed form of Right of Way Deed conveying to the appellant railway company a 100-foot easement across a 40-acre tract and also an easement or conditional fee in a 200 × 680-foot strip lying along the north side of the right-of-way easement. The railway company is still using the 100-foot easement for its main line. That easement is not in controversy...

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