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STATE ROADS COMM. v. JOHNSON

[No. 182, September Term, 1959.]

222 Md. 493 (1960)

161 A.2d 444

STATE ROADS COMMISSION OF MARYLAND v. JOHNSON ET UX.

Court of Appeals of Maryland.

Motion for rehearing filed July 6, 1960.

Denied August 2, 1960.

Attorney(s) appearing for the Case

William J. McWilliams, Special Attorney, with whom were C. Ferdinand Sybert, Attorney General, and Joseph D. Buscher, Special Assistant Attorney General, on the brief, for the appellant.

Linwood L. Clark and C. Maurice Weidemeyer for the appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and TUCKER, J., Associate Judge of the Eighth Judicial Circuit, specially assigned.

HENDERSON, J., delivered the opinion of the Court.

This appeal is from a decree declaring that the appellees are vested with fee simple title to a strip of land lying within the old line of the Washington, Baltimore & Annapolis Electric Railroad Company between Annapolis and Crownsville. The decree further declares that the Annapolis and Elkridge Railroad Company, the predecessor in title of the W., B. & A., acquired only "an easement for railroad purposes...

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