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BAILEY v. TOWN OF SALTVILLE

Record No. 090989.

691 S.E.2d 491 (2010)

Shirley Ann BAILEY v. TOWN OF SALTVILLE.

Supreme Court of Virginia.

April 15, 2010.

Attorney(s) appearing for the Case

James R. Henderson IV (Henderson & Forster, on briefs), Tazewell, for appellant.

Christen W. Burkholder, Bristol, for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, LEMONS, GOODWYN, and MILLETTE, JJ., and LACY, S.J.

OPINION BY Justice S. BERNARD GOODWYN.

In this appeal we consider whether a 1909 agreement and deed concerning a railroad right of way conveyed an easement or a fee simple interest to the railway company.

Background

In 1909, James L. White and Kate R. White (the Whites) recorded an agreement and a deed in the land records of Washington County concerning the conveyance of a right of way to Norfolk & Western Railway Company (Norfolk & Western...

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