Aland v. Graham

MERRILL, Justice.

This is an appeal in a declaratory judgment proceeding in which the trial court dismissed complainant’s bill of complaint. No evidence was presented as the cause was dismissed after an argument and hearing on a plea styled a plea in abatement.

The bill showed that appellant owns 120 acres in the northwest corner of Section 19, Township 19, Range 1 West, that his property adjoins Oak Mountain State Park and that his property “is landlocked and that it has no access, except through said public park.” It is not contended that appellant’s land is surrounded on all sides by Oak…