STAFFORD v. DEPARTMENT OF TRANSP.

No. S96A1855.

480 S.E.2d 846 (1997)

267 Ga. 531

STAFFORD v. DEPARTMENT OF TRANSPORTATION et al.

Supreme Court of Georgia.

February 24, 1997.


Attorney(s) appearing for the Case

George A. Waters, Richmond Hill, for Charles Stafford.

Michael J. Bowers, Atty. Gen., George S. Zier, Asst. Atty. Gen., Dept. of Law, Atlanta, for Georgia Dept. of Transp.


HINES, Justice.

This case requires us to determine whether a deed conveyed fee simple title to a parcel of land or merely an easement in a quantity of earth.

In 1938, Henry Ford executed a deed conveying to the Highway Board of Georgia, and its successor in office, a parcel of land, to hold in fee simple, for the widening of Highway 17 and for the construction of an over-pass over the tracks of the Atlantic Coast Line Railroad. The deed stated that if construction...

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