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TOWN OF LEESBURG v. FIRST NAT. BANK OF PURCELLVILLE

167 S.E.2d 109 (1969)

209 Va. 795

TOWN OF LEESBURG v. FIRST NATIONAL BANK OF PURCELLVILLE et al.

Supreme Court of Appeals of Virginia.

April 28, 1969.

Attorney(s) appearing for the Case

George M. Martin, Samuel D. Engle, Jr., Leesburg (R. C. Riemenschneider, Martin & Riemenschneider, Leesburg, on brief), for appellant.

Carleton Penn, Leesburg (Penn & Ottinger, Leesburg, on brief), for appellees.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.

GORDON, Justice.

This suit involves a tract of land within the Town of Leesburg known as the "Potters Field". The Town seeks a declaration that this land has been dedicated as a graveyard for the burial of paupers, and that the State Highway Commission and First National Bank of Purcellville are wrongfully in possession of part of the land. Holding that the Town had no standing to seek such a declaration, the trial court sustained a demurrer to the Town's amended...

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