STEIN v. DARBY

No. B-116.

114 So.2d 368 (1959)

Abe STEIN and Alice N. Stein, his wife, Appellants, v. Fred W. DARBY and Jack Darby and Seaboard Air Line Railroad, a corporation, Appellees.

District Court of Appeal of Florida. First District.

September 8, 1959.


Attorney(s) appearing for the Case

James H. Bunch and J. Quinton Rumph, Jacksonville, for appellants.

Edward P. Mulcahy and Botts, Mahoney, Whitehead, Ramsaur & Hadlow, Jacksonville, for appellees.


WIGGINTON, Chief Judge.

Plaintiffs have appealed from a final judgment dismissing with prejudice their third amended complaint. The sole question to be determined is whether the allegations of the complaint, if true, are sufficient to authorize equitable relief.

The complaint avers that plaintiffs are owners of a parcel of land in Duval County which they desire to use for a dwelling, for agricultural and for timber raising and cutting purposes. Their land...

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