SMITH v. SMITH


622 A.2d 642 (1993)

Ronal W. SMITH and Nancy L. Smith, his wife, and William T. Lowe, Plaintiffs Below, Appellants, v. Otis H. SMITH t/a Bay Manor Farms, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: March 22, 1993.


Attorney(s) appearing for the Case

William E. Wright and Douglas W. Troll, Terry, Terry, Wright & Speakman, P.A., Lewes, for appellants.

James F. Waehler and Brian D. Shirey, Tunnell & Raysor, Georgetown, for appellee.

Before VEASEY, Chief Justice, MOORE and WALSH, Justices.


WALSH, Justice.

In this appeal from the Court of Chancery, we address the question of whether a grantee in a private conveyance of land bounded by, or abutting on, a railroad right of way is presumed to take a fee simple title to the centerline of the railroad with the right to claim such title in the event the right of way is abandoned. In dismissing the underlying action, the Court of Chancery ruled that the rule announced...

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