HOBSON, Justice.
The appellant (plaintiff below) filed his bill for declaratory decree on the 23d of November, 1948. The prayer of the bill requested the court to take jurisdiction of the subject matter and the parties and enter its declaratory decree under and by virtue of Section 87.01 and sub-sections, Florida Statutes, 1941, F.S.A. and further that the court determine:
"A. The extend [sic] of defendant's right-of-way south of the center line of its main...
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