In 1842 Charles Mitchell with a view to secure the location of the depot on his land donated 5 acres of land to the State. In 1867 Brown and Pope brought suit for the heirs of Mitchell for the park portion of the property, but had to ultimately bring the claim before the Legislature where the claim was rejected. The square was bounded by Alabama, Decatur, Lloyd and Pryor Streets. In 1859 when the State had no further use for the park property for any railroad purpose and the General Assembly authorized the City to enclose and beautify the area as a park. The long delay of the impatient Mitchell heirs continued and after the war the heirs won their case. By then they were all poor.
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