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CITY OF PRICHARD v. GEARY

1 Div. 748.

105 So.2d 682 (1958)

CITY OF PRICHARD v. Thomas J. GEARY et al., as Trustees.

Supreme Court of Alabama.

October 9, 1958.

Attorney(s) appearing for the Case

Mitchell G. Lattof, Mobile, for appellant.

Gordon & Jansen, Mobile, for appellee.

SIMPSON, Justice.

This suit is a bill for declaratory judgment by appellees, trustees under the will of the deceased E. Lyles Hatter, against the City of Prichard to determine whether certain real property located within that city can be used for a filling station without violating the city zoning ordinance.

In 1924 T. M. Wilkins and Sarah Wilins conveyed to E. Lyles Hatter by deed the property in question, which was therein described as follows: "Those certain...

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