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HARTWELL RAILROAD CO. v. BARNES

No. S02A1439.

577 S.E.2d 566 (2003)

276 Ga. 246

HARTWELL RAILROAD COMPANY v. BARNES et al.

Supreme Court of Georgia.

February 24, 2003.

Attorney(s) appearing for the Case

McClure, Ramsay Dickerson & Escoe, Allan R. Ramsay, Toccoa, for appellant.

McLeod, Benton, Begnaud & Marshall, William C. Berryman, Jr., Athens, for appellee.

HUNSTEIN, Justice.

Appellees Barnes and McMurry brought suit to quiet title to land located at the intersection of I-85 and Georgia 17 in Franklin County. A railroad line runs through the property and appellees asserted that they own the property up to the railroad bed. Hartwell Railroad Company contended that its predecessor in title obtained fee simple ownership to 100 feet on each side of the railroad bed. A special...

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