STATE v. ABBOTT

No. 83-1435.

476 So.2d 1224 (1985)

STATE of Alabama v. L.R. ABBOTT and C.R. Abbott.

Supreme Court of Alabama.

September 13, 1985.


Attorney(s) appearing for the Case

Jack F. Norton, Chief Counsel, Alabama Highway Dept., and G. William Noble of Barnett, Tingle, Noble & Sexton, Sp. Asst. Atty. Gen., Birmingham, and Patrick Tate, Sp. Asst. Atty. Gen., Fort Payne, for appellant.

W.N. Watson of Watson & Watson, Fort Payne, for appellees.

James O. Spencer, Jr. and James A. Bradford of Balch & Bingham, Birmingham, for amicus curiae Alabama Power Co.


ON APPLICATION FOR REHEARING

MADDOX, Justice.

The original opinion filed in this cause June 21, 1985, is hereby withdrawn, and the following opinion is substituted in lieu thereof:

This case presents the question of whether the State, by failing to record a condemnation order dated December 21, 1939, can be divested of its title to a highway rightof-way under § 6887, Code of 1923 (now, Code 1975, § 35-4-90). We think that it can. Accordingly...

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