ACHOR, J.
This appeal involves an action by the appellant to vacate a certain portion of a public alley within the City of Shelbyville, Indiana, pursuant to the provisions of ch. 279, §§ 3, 4 and 9 of the Acts of 1907, as amended by ch. 181, § 1 of the Acts of 1927, as amended by ch. 73, § 1 of the Acts of 1951 (§§ 48-903, 48-904, Burns' 1950 Repl., and § 48-909, Burns' 1950
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