BENEDICT v. LITTLE

6 Div. 881.

264 So.2d 491 (1972)

Martha Milner BENEDICT v. John W. LITTLE et al.

Supreme Court of Alabama.

Rehearing Denied July 27, 1972.


Attorney(s) appearing for the Case

John S. Foster, Birmingham, for appellant.

F. Eugene Wirwahn, Birmingham, for appellees.


MERRILL, Justice.

This appeal is from a decree in a declaratory judgment proceeding. The dispute was over the title to a segment of land which was a part of a 50-foot railroad right of way that had been abandoned by the railroad. The trial court ruled in favor of respondents and complainant Benedict appealed.

The bill of complaint, as last amended, gives a history of the title to the property, but it will be partially condensed in this opinion. In 1889, John...

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