Calvin Scott and Gladys Scott purchased land from AVCO Financial Services of the United States, Inc. (AVCO). Cornelius Montgomery is employed by AVCO. After they purchased the property, taking a warranty deed, the Scotts discovered that the State of Alabama claims to own a right-of-way through their property.

In Montgomery County Circuit Court case CV-84-1580, the Scotts sued AVCO and Montgomery for breach of warranty and fraud. The Scotts also joined as defendants an attorney, a surveyor, and a real estate company and some of its employees.

In Montgomery County Circuit Court case CV-85-1750, AVCO and Montgomery sued the Scotts, the Montgomery County probate judge, the State, and the other parties involved in CV-84-1580, and requested a declaratory judgment to the effect that the State did not own a right-of-way through the Scotts’ property. The argument of AVCO and Montgomery was that the State’s right-of-way had not been *434properly recorded and was unenforceable as against subsequent purchasers, under the holding of State v. Abbott, 476 So.2d 1224 (Ala. 1985). The trial judge denied a motion by AVCO and Montgomery to stay CV-84-1580 pending the outcome of CV-85-1750. That denial prompted this mandamus petition from AVCO and Montgomery requesting that this Court order the trial judge to stay CV-84-1580 pending the outcome of CV-85-1750. (If CV-85-1750 determined that the State did not own a right-of-way, AVCO and Montgomery would argue that the Scotts had suffered no damage and could not recover in CV-84-1580.) We stayed action in CV-84-1580 and ordered the respondents to answer the petition.

During the pendency of this matter in this Court, the trial court held a hearing in CV-85-1750. In his order of February 28, 1986, the trial judge determined that the State’s right-of-way is valid and enforceable against the Scotts.

Since the only relief requested in this petition was that CV-84-1580 be stayed pending the outcome of CV-85-1750, this petition for writ of mandamus is dismissed as moot.

PETITION DISMISSED.