Zeagler v. Willis, 19243
| Decision Date | 12 March 1956 |
| Docket Number | No. 19243,19243 |
| Citation | 212 Ga. 286,92 S.E.2d 108 |
| Parties | U. A. ZEAGLER, Jr. v. L. D. WILLIS. |
| Court | Georgia Supreme Court |
The petition was originally brought against Sylvania Central Railway Company and L. D. Willis, as defendants, Sylvania Central Railway Company having been subsequently dismissed as a party defendant. As finally amended, the petition alleged that in 1884 certain named parties conveyed to Sylvania Railroad Company, of which the Sylvania Central Railway Company is successor in title, certain described easements or rights of way over and through described property of the grantors; that under authority of the Interstate Commerce Commission the railway company has ceased to operate, and has abandoned the railroad and removed its tracks and crossties from said rights of way; and that the plaintiff is successor in title to the original grantors of the rights of way to the railway company, and that title to said rights of way has reverted to the plaintiff, subject to a life estate in a named person; that the railway company has, since such abandonment, executed a deed to the defendant L. D. Willis to a certain portion of the right of way conveyed to it by the plaintiff's predecessors in title, but, without alleging that this defendant is now or has been in possession of the property, alleging that this defendant claims 'some right, title and interest in and to the property' claimed by the plaintiff, and that said claim constitutes a cloud upon the plaintiff's title to said property, and that by reason thereof the plaintiff cannot with safety and security sell any part of the land which was formerly used by the railway company as an easement for right of way purposes or any of the buildings or other improvements located thereon with a covenant of general warranty, although he has had several opportunities so to do and would like to do so subject to the life estate in said property.
He prays for process and service upon the defendant; 'That this court take jurisdiction of the controversy between the parties hereto and declare the rights, status and other legal relations of the parties with respect to the strip of land 200 ft. in width formerly held by Sylvania Central Railway Company and its predecessor in title, the Sylvania Railroad Company, as described in plaintiff's petition,' and for general relief.
To this petition the defendant Willis demurred upon the ground 'That said petition sets forth no ground for a declaration of ...
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...and is contrary to the statutory provisions pertaining to validation of revenue--anticipation certificates or bonds. See Zeagler v. Willis, 212 Ga. 286, 92 S.E.2d 108. 5. Since all presumptions are in favor of the validity of an act of the General Assembly, Harrison v. Hartford Steam-Boiler......
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