Schafer v. Bernstein

The appellees-plaintiffs filed an action in equity in the Circuit Court for Montgomery County, titled a “Complaint for Declaratory Judgment — to Determine That Right of Way Was Extinguished by Tax Sales and/or Abandonment.” The purpose of the bill was to have the court decree that appellees held title to certain property free and clear of a right of way created in 1911, 15 feet wide and 108.62 feet in length, by virtue of its having been extinguished by either one or both of two tax sales in 1926 and 1938. It is unnecessary to recite in detail the chain of title and narrate the history that…