City of Birmingham v. Terrell

THOMAS, Justice.

This is a bill by a property holder against the city of Birmingham to remove a paving assessment lien as a cloud upon the title to real property.

The cause was tried upon an agreed statement of facts, and resulted in a decree to the effect that said plat lots 11 and 12 lying within one-half block of the intersection of Nineteenth street and Avenue U were liable for their due proportion of intersection paving costs under section 2187 of the Code (as amended by Gen. Acts 1927, p. 762, § 16), but that these lots were improperly included as a part of the larger area abutting…