Town of Malabar v. State ex rel. Estate of Nelson

WALDEN, Chief Judge.

Three property owners sued to obtain the removal of their lands from within the corporate limits of the Defendant-Town of Malabar. A final decree of ouster was entered. The Town of Malabar appeals. We reverse.

As support for ouster, the chancellor found, inter alia:

“3. That the lands owned by the rela-tors herein are wild, unimproved, raw, undeveloped lands and that there are no permanent improvements of any kind located on said property, except that said lands have three residences located thereon which were constructed prior to the time said land was included in the Town…