Benedict v. Little

MERRILL, Justice.

This appeal is from a decree in a declaratory judgment proceeding. The dispute was over the title to a segment of land which was a part of a 50-foot railroad right of way that had been abandoned by the railroad. The trial court ruled in favor of respondents and complainant Benedict appealed.

The bill of complaint, as last amended, gives a history of the title to the property, but it will be partially condensed in this opinion. In 1889, John T. Milner, W. J. Milner, G. W. Milner and George H. Me Laughlin conveyed a 50-foot right of way to Birmingham Mineral Railroad Company and…