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BROWN v. ALABAMA GREAT SOUTHERN R.R. CO.

88-319.

544 So.2d 926 (1989)

R.B. BROWN v. ALABAMA GREAT SOUTHERN RAILROAD COMPANY.

Supreme Court of Alabama.

Rehearing Denied May 26, 1989.

Attorney(s) appearing for the Case

Michael L. Brownfield, Fort Payne, for appellant.

F. Michael Haney and James C. Stivender of Inzer, Suttle, Swann & Stivender, Gadsden, for appellee.

HOUSTON, Justice.

Alabama Great Southern Railroad Company ("Railroad") filed this action in ejectment against R.B. Brown for recovery of possession of a railroad right-of-way between the Railroad's milepost 32 and milepost 38, located in DeKalb County, Alabama. Brown denied the allegations of the Railroad's complaint and claimed to be the fee simple owner of the real estate between mile 32 and mile 37½. In a counterclaim, Brown sought damages for, among other...

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