BARBER v. SOUTHERN RAILWAY COMPANY

37018, 37019.

247 Ga. 84 (1981)

274 S.E.2d 336

BARBER et al. v. SOUTHERN RAILWAY COMPANY; and vice versa.

Supreme Court of Georgia.

Decided February 3, 1981.


Attorney(s) appearing for the Case

Barnes & Browning, Roy E. Barnes, for appellants.

Awtrey & Parker, L. M. Awtrey, Jr., Toby B. Prodgers, for appellee.


MARSHALL, Justice.

The plaintiff Southern Railway Company filed this complaint against the defendants Barber, individually and d/b/a Barber Oil Co. In the complaint, the plaintiff seeks a declaratory judgment that it holds fee simple title to a 200-foot strip of land in Cobb County, and the plaintiff requests the trial judge to enjoin the defendants from trespassing on this property.

The plaintiff bases its claim to fee-simple title on four deeds arising out...

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