20 A.2d 581 | Md. | 1941
On October 6th, 1939, the Richfield Oil Corporation of New York, a body corporate, appellant, acquired by deed from Joseph P. Connor, Special Master, certain real estate located on Curtis Bay in Baltimore City, Maryland. Through this property the appellee, the Chesapeake Curtis Bay Railroad Company, a body corporate, formerly operated a railroad over property in which it acquired an interest from the United States Asphalt Refining Company by deed dated September 11th, 1925. The appellant owns land on both sides of the railroad property. In November, 1926, the stock of the appellee, the Chesapeake Curtis Bay Railroad Company, was acquired by the Western Maryland Railway Company, which operates the railroad formerly operated by the Chesapeake Curtis Bay Railroad Company. On November 2d 1940, the appellant placed certain sleeves and pipes, from one part of its property to another, necessary for the transportation of petroleum products under the railroad tracks of the appellees, late at night, which appellees claim was done in a clandestine manner but which appellant claims was done at that late hour for the purpose of not interfering with the operation of appellees' railroad. Before the installation of these pipes was completed, the appellees removed one of them. On November 29th, 1940, the appellant filed a bill of complaint against appellees reciting among other things the aforesaid facts, and alleging ownership of the fee under said right-of-way in the appellant and that the appellees' interest in said property is a certain easement of "the right of way for railroad purposes." The bill asked among other things: "That the defendants, *563 they and each of them, their agents and servants, may be permanently enjoined and strictly prohibited from interfering, obstructing or molesting the complainant, its agents and servants, in crossing or recrossing over, or in placing its pipe lines, connections, or other equipment necessary and proper to the operation and enjoyment of complainant's property hereinabove described, across and under right of way of defendants located on the complainant's said property; provided, however, that the same be performed by the complainant in such manner as not to interfere with or interrupt the reasonable and proper use by the defendants of said right of way for railroad purposes." The bill also asked for other and further relief. After an answer was filed by the defendants, testimony was taken in open court before the chancellor and on February 4th, 1941, a decree was filed by the chancellor declaring the Chesapeake Curtis Bay Railroad Company to be the owner in fee simple of the property in question and dismissing the bill of complaint. The appeal is taken from that decree.
All parties to this proceeding admit that the equity court has jurisdiction in this case in view of the findings of the chancellor. Equity, however, cannot obtain jurisdiction merely by the consent of the parties to the cause, nor has equity jurisdiction to determine a matter involving a real disputed title to real estate. Greenbaum v. Harrison,
The primary question to be decided by us is whether the appellees, the Chesapeake Curtis Bay Railroad Company and the Western Maryland Railway Company, own the fee of the land in question, underlying its railroad tracks. The chancellor below held that the fee of the land under the right of way was in the appellees. The United States Asphalt Refining Company by a series of deeds prior to March, 1916, acquired the land now occupied by both the appellant and the appellees, a ground rent being reserved unto the Curtis Bay Company. On October 5th, 1925, the Curtis Bay Company conveyed to the United States Asphalt Refining Company the reversion in all the lands heretofore conveyed by it, thereby extinguishing the ground rent and converting the leasehold into fee simple property. At the time all this tract was owned by the United States Asphalt Refining Company, it erected on the property at various locations tanks, stills, buildings and other structures of various kinds, and pipe lines were placed under the ground at different locations to carry oil from one part of the property to the other. In order to further develop this property, the United States Asphalt Refining Company built and laid out railroad tracks for the purpose of transporting its products and some of its pipe lines passed under the tracks at various points. In 1916, the Chesapeake Curtis Bay Railroad Company was incorporated by the same interest which controlled the United States Asphalt Refining Company and by a series of deeds made conveyance *565
of the tracks and the property covered by the tracks to the new corporation. The first of these deeds was executed on March 16th, 1916, and the granting clause in this deed was: "doth grant unto the said Chesapeake Curtis Bay Railroad Company, its successors and assigns, the rights of way for railroad purposes in and to that part of the lands of the United States Asphalt Refining Company at Wagner's Point," and the description followed. This deed contained the following saving clause: "Saving and reserving however to the said the United States Asphalt Refining Company a joint use in said right of way and the tracks thereon for the necessary switching and other uses and purposes for itself and its allied industries now or which may hereafter be located along said right of way." It also contained the following clause: "To Have and To Hold the said described rights of way and the railroad tracks thereupon unto and to the use of the said Chesapeake and Curtis Bay Railroad Company, its successors and assigns; subject however to the reserve joint use aforementioned." Included in this deed was certain land which had previously been conveyed to the Texas Company and in which the United States Asphalt Refining Company had certain rights, and in the case of Texas Company v. United States Asphalt RefiningCompany,
"Being all that portion of the lots of ground heretofore conveyed by the said The United States Asphalt Refining Company to the said The Chesapeake and Curtis Bay Railroad Company by the Deeds hereinbefore recited, and the right of way for railroad purposes in such other land of the said The United States Asphalt Refining Company, not heretofore conveyed to the said The Chesapeake and Curtis Bay Railroad Company, as is now used by the said The Chesapeake and Curtis Bay Railroad Company in the operation of its railroad as aforesaid."
"Together with all and every, the rights, alleys, ways, waters, privileges, appurtenances and advantages, to the same belonging, or anywise appertaining."
"To Have and To Hold the said described right of way and the railroad tracks thereon unto and to the use of the said The Chesapeake and Curtis Bay Railroad Company, its successors and assigns, saving and reserving, however, to the said The United States Asphalt Refining Company, its successors and assigns, and to The Interocean Oil Company, a corporation duly incorporated, its successors and assigns, a joint use in such parts of said right of way as may now be occupied by any tanks, stills, or buildings of the said The United States Asphalt Refining Company and the said The Interocean Oil Company, now erected thereupon, and for such time as the same may remain thereupon."
We must note the difference between the granting clause to the United States Asphalt Refining Company and that to the Chesapeake Curtis Bay Railroad Company in this deed of September 11th, 1925, one conveying "its right, title and interest," the other conveying "the rights of way for railroad purposes." Whatever title is held by the Chesapeake Curtis Bay Railroad Company is held under this deed. Subsequently, on October 5th, 1925, the United States Asphalt Refining Company conveyed all of its property to *568 the Interocean Oil Company, a body corporate, which deed contained the following saving and excepting clause: "Saving and excepting however from the above described land such portions as is described and conveyed to the Chesapeake and Curtis Bay Railroad Company by and in a deed of exchange and in the annexed hereto made between the said United States Asphalt Refining Company and the Chesapeake and Curtis Bay Railroad Company dated September 11th, 1925, recorded or intended to be recorded among the Land Records of Baltimore City prior hereto, with the benefit however to the said party of the second part, its successors or assigns, of the reservations mentioned in said deed of exchange relating to the joint use of such parts of the right of way of said railroad as may now be occupied by any tanks, stills or buildings therein as recited in said deed." On the same day the Interocean Oil Company executed an indenture of trust on its aforesaid property to the Century Trust Company of Baltimore which contained the following saving and excepting clause: "Saving and excepting, however, from the above described land such portions as are described in a deed of exchange and in the plat thereto attached between the United States Asphalt Refining Company and the Chesapeake and Curtis Bay Railroad Company dated September 11th, 1925, recorded or intended to be recorded among the Land Records of Baltimore City prior hereto." Later the Interocean Oil Company went into receivership and Joseph P. Connor, appointed receiver by the United States District Court for the District of Maryland, as Special Master, granted and conveyed to the appellant on October 6th, 1939, the property now held by it by metes, bounds, courses and distances subject to the following clause: "Subject also to the grant of various railroad rights of way by deed between United States Asphalt Refining Company and The Chesapeake and Curtis Bay Railroad Company, dated September 11th, 1925, and recorded *569 among the Land Records of Baltimore City in Liber S.C.L. No. 4465, folio 321, said railroad rights of way having an area of approximately Thirteen (13) acres of land, more or less." Whatever title is held by the appellant, Richfield Oil Corporation of New York, was acquired by this deed of October 6th, 1939.
We must determine whether the conveyance of September 11th, 1925, above referred to, from the United States Asphalt Refining Company to the Chesapeake Curtis Bay Railroad Company, whereby it made a grant of "the rights of way for railroad purposes," was a grant of the fee or whether it was an easement. This court said through Judge Sloan in the case of Hodges, Trustee v. Owings,
The railroad tracks had been laid by the United States Asphalt Refining Company for its own use in transportation of its products. At the time of the incorporation of the Chesapeake
Curtis Bay Railroad Company, both companies were owned by the same interests. It is hardly conceivable that the interests which controlled the parent corporation would create and cause to be conveyed to another corporation a strip of land in fee running through its property, for by so doing the control and ownership of the newly created corporation might pass to entirely different interests, whereby the parent company might be cut of and not allowed to cross from one part of its property to another, and particularly with tanks and stills on all parts of its property such crossings were necessary for the proper operation if its business. Quoting Elliott on "Railroads," (3rd Ed.), sec. 1158, pages 627 and 628: "Where the intention to convey a fee does not appear, as in the conveyance of a `right of way' for the railroad through certain lands, the company takes an easement only." Quoting Lewis on "Eminent Domain," (3rd Ed.), sec. 468; "The conveyance of a right of way or for specified uses, conveys an easement *573
only." Quoting Jones on "Easements," (1898 Ed.), sec. 212: "Where the granting clause of a deed declared the purpose of the grant to be the right of way for a railroad, the deed passes an easement only, etc." Public Serv. Comm. v. Gas, etc., Corp.,
The appellees further contend that the reservations in the deed of October 5th, 1925, from the United States Asphalt Refining Company to Interocean Oil Company and in the indenture of trust of October 5th, 1925, from Interocean Oil Company to Century Trust Company reserving such portions as are described in the deed of September 11th, 1925, from United States Asphalt Refining Company to the Chesapeake Curtis Bay Railroad Company, and the provision in the deed from Joseph P. Connor, Special Master, to Richfield Oil Corporation, appellant, that the conveyance was subject to the grant of various railroad rights of way by the same deed from United States Asphalt Refining Company to the Chesapeake Curtis Bay Railroad Company, prevent the fee of the land in dispute vesting in appellant. Having previously decided in this case that the grant to the Chesapeake Curtis Bay Railroad Company was an easement for railroad purposes and these exceptions extending to the portions conveyed, and thoseportions being an easement for railroad purposes, we find that the fee is therefore in appellant subject to the easement of rights of way for railroad purposes in appellees. Derby v.Hall, 2 Gray 236; Shell Petroleum Corp. v. Ward, 100 Fed. 2nd; Paine v. Consumers' Forwarding Storage Co., 71 Fed. 626; Elliot v. Small,
It having been decided that the fee is in appellant and an easement of rights of way for railroad purposes is in the appellees, should the injunction prayed for be granted? Although the appellant owns the *575
land on both sides of the right of way where it proposes to install the new pipe line which is the subject of this controversy, it is more or less admitted that the purpose of the pipe line in question is to carry oil for shipment to the Baltimore Ohio Railroad, which is a competitor of appellees. Appellant contends that it is essential from its point of view to have service on the Baltimore Ohio Railroad. With this statement, we do not believe it necessary to consider further the allegation of irreparable damage, the appellant being the owner of the fee and the other facts in this case as hereinbefore presented being considered. Chesapeake Co. v. Mt. Vernon Co.,
We find that the appellant, its agents and servants, have the right of crossing or recrossing over, or in placing its pipe lines, connections or other equipment necessary and proper to the operation and enjoyment of appellant's property across and under the right of way of appellees located on the property owned by the appellant in fee; provided, however, that this be performed by the appellant in such manner and at such times as not to interfere with or interrupt the reasonable and proper use by the appellees of said rights of way for railroad purposes. PublicServ. Comm. v. Gas, etc., Corp. supra; 17 AmericanJurisprudence, Easements, sec. 117; Cincinnati, etc., R.R. Co.v. Wachter,
At the time the hearing was concluded, the chancellor verbally indicated his intention to dismiss the bill of complaint, and after this time and before the written opinion and order was filed, the appellant filed a petition to amend the bill of complaint and the chancellor refused to allow this amendment. A very wide discretion is given the court in allowing or refusing amendments at any time prior to a final decree in the case, and in the absence of abuse, ordinarily that discretion will not be reviewed. Miller's Equity Procedure, sec. 182; Buckner v.Jones,
Decree reversed, with costs, and case remanded for the passageof a decree in accordance with the views herein expressed.