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WATKINS v. HARTWELL R. CO.

No. S04A0781.

597 S.E.2d 377 (2004)

278 Ga. 42

WATKINS v. HARTWELL RAILROAD COMPANY.

Supreme Court of Georgia.

June 7, 2004.

Attorney(s) appearing for the Case

Milford & Milford, C. Patrick Milford, Carnesville, Charles D. Strickland, Lavonia, for appellant.

McClure, Ramsay, Dickerson & Escoe, LLP, Allan R. Ramsay, Toccoa, for appellee.

CARLEY, Justice.

Hartwell Railroad Company (Railroad) brought suit to enjoin Tommy Watkins from continuing to erect improvements on property which is allegedly part of the Railroad's right-of-way. The Railroad claimed ownership of the property by virtue of an unrecorded 1874 deed to one of its predecessors conveying fee simple title to the land 100 feet on each side of the center line of the railroad track, which would pass through "land known as the Dean tract.....

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