Hannah

Action to quiet title. Judgment in favor of the plaintiffs and an appeal therefrom by the defendant.

On the fifth day of May, 1876, Alfred Bobinson, trustee, being at that time the owner of all of the land described in the complaint, executed a deed of grant to the Western Development Company, a corporation, conveying all of his right, title, and interest in a strip of land one hundred feet in width within and across the lands so owned by him, "and to its successors and assigns, for the purpose of a railroad and the uses incidental thereto.” Following the description there were certain reservations and exceptions and the following proviso: "Provided also that if any portion of the land herein described and set off for the purposes of a railroad and the uses incidental thereto shall not be continuously used for such purposes and uses, then such portions ceased to be so used shall be excepted from this grant and revert to the grantor.”

There are nine causes of action stated in the complaint. The allegations of each are to the same effect, except as to the particular parcel of land involved in each claimed by the plaintiffs severally. The complaint was filed on the fourth day of…