Barber v. Southern Railway Co.

Marshall, Justice.

The plaintiff Southern Railway Company filed this complaint against the defendants Barber, individually and d/b/a Barber Oil Co. In the complaint, the plaintiff seeks a declaratory judgment that it holds fee simple title to a 200-foot strip of land in Cobb County, and the plaintiff requests the trial judge to enjoin the defendants from trespassing on this property.

The plaintiff bases its claim to fee-simple title on four deeds arising out of the estate of John C. Lowe, who died in 1855. The four deeds are referred to as the Elizabeth Lowe deed, the J. S. Lowe deed, the James…