Midstate Oil Co. v. Ocean Shore Railroad Co.

This is an appeal from a judgment quieting plaintiff’s title to a strip of land sixty feet in width and running on a curve for approximately a mile through a tract of land owned by the respondent. Said strip of land was formerly a part of said tract of land. The lands are situate in San Mateo County and said strip of land was formerly used by appellant for a roadbed for its railroad. Both the appellant and the respondent claim title in fee simple to the property under mesne conveyances from Henry J. F. Butts, Herman F. J. Butts, and Annie S. K. Butts.

The cause was submitted to the trial court upon an agreed statement of facts which are substantially as follows: In May, 1905, the Ocean Shore Railway Company was incorporated to build and operate a railroad from Army Street in San Francisco to the city of Santa Cruz, along the shore line of the Pacific Ocean. By its articles of incorporation it was empowered to acquire such real estate as it might need. Thereafter on November 15, 1906, Henry J. F. Butts, Herman F. J. Butts, and Annie S. K. Butts, then the owners in fee simple of the lands in controversy, executed and delivered to the Ocean Shore Railway Company, for a valuable and…