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WATER WORKS AND SANITARY SEWER BD. v. CAMPBELL

3 Div. 806.

103 So.2d 165 (1958)

WATER WORKS AND SANITARY SEWER BOARD OF THE CITY OF MONTGOMERY, et al. v. Woodley C. CAMPBELL.

Supreme Court of Alabama.

Rehearing Denied June 12, 1958.

Attorney(s) appearing for the Case

Knabe & Nachman and Jones, Murray & Stewart, Montgomery, for appellants.

Godbold, Hobbs & Copeland, Montgomery, for appellee.

MERRILL, Justice.

This cause was here previously on demurrer, 262 Ala. 508, 80 So.2d 250. It was then pointed out that we do not decide declaratory judgment cases on demurrer where one of the parties objects to a determination at that time. The instant case is an appeal from a final decree after the taking of testimony.

In 1930, Jett M. Thomas owned 115 acres of unimproved land...

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