Nature of the Case
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Facts
Lewellen (P) took a class action against Consolidated Rail Corporation (D) to quiet title in segment of land of an abandoned railway corridor. The original grants occurred more than 100 years ago, and as activity over the rail line decreased, D elected to discontinue rail service over this particular corridor. West Central Indiana Rails to Trails, Inc. (D1) purchased D's interest in the corridor by a quitclaim deed recorded in 1994. Ps filed this suit against Ds claiming that D only acquired an easement and upon abandonment, it was extinguished. The appeals court concluded that the deed conveyed an easement rather than a fee simple interest. Ds appealed.
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