Stein v. Darby

WIGGINTON, Chief Judge.

Plaintiffs have appealed from a final judgment dismissing with prejudice their third amended complaint. The sole question to be determined is whether the allegations of the complaint, if true, are sufficient to authorize equitable relief.

The complaint avers that plaintiffs are owners of a parcel of land in Duval County which they desire to use for a dwelling, for agricultural and for timber raising and cutting purposes. Their land is shut off and hemmed in on the east by the right of way of defendant Seaboard, and on the north, west and south by lands privately owned by…