Brown v. ALABAMA GREAT SOUTHERN RR CO.

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 37 1/2. In a counterclaim, Brown sought damages for, among other things, the Railroad's alleged destruction of his real and personal property.

The Railroad moved for summary judgment. The trial court granted a…