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Hartwell R.R. Co. v. Barnes

The special master clearly erred in failing to consider whether a railroad bed belonging to the railroad's predecessor-in-interest and the 100-foot strips of land on either side of the railroad bed were excluded from property awarded to appellees' predecessor-in-interest as a year's support.

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Appellees Barnes and McMurry brought suit to quiet title to land located at the intersection of I-85 and Georgia 17 in Franklin County. A railroad line runs through the property and appellees asserted that they own the property up to the railroad bed. Hartwell Railroad Company contended that its predecessor in title obtained fee simple ownership to 100 feet on each side of the railroad bed. A special master found in favor of appellees and the superior court adopted the special master’s findings. The railroad appeals.

1. Documentary evidence established that when Samuel Knox died in 1870, his wife Mary received a life estate in the homeplace which included the property in issue with the couple’s ten surviving children holding the remainder interest. Samuel Knox’s will did not require the widow to make an election between a life estate and year’s support. In 1878 the Elberton Air Line Railroad, appellant’s predecessor in interest, received a deed from Mary Knox conveying in fee simple a 200 foot strip 100 feet on each side of the railroad bed across the property. The deed conveyed only Mary Knox’s life estate interest in the property.1 The railroad did not exercise its eminent domain rights or otherwise obtain a deed from the widow conveying her year’s support rights in the property. Deed records reflect that in 1879 one son conveyed his fractional interest in the homeplace property to Mary Knox, among others. No other pertinent documentary evidence from the relevant time period exists.

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