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STATE v. 0.62033 ACRES OF LAND, ETC.

112 A.2d 857 (1955)

The STATE of Delaware, upon the Relation of Hugh R. SHARP, Jr., J. Draper Brown, Jr., Benjamin F. Shaw, II, J. Gordon Smith, William P. Richardson, Frank R. Grier and Dallas D. Culver, constituting the State Highway Department of the State of Delaware, Appellant, Plaintiff Below, v. 0.62033 ACRES OF LAND IN CHRISTIANA HUNDRED, NEW CASTLE COUNTY and State of Delaware, Harvey C. Fenimore, Annie F. Fenimore, his wife, John Robinson Fenimore, Helen L. Fenimore, his wife, Thomas C. Hawke, Hilda M. Hawke, his wife, and Unknown Owners, Appellee, Defendant Below.

Supreme Court of Delaware.

March 31, 1955.

Attorney(s) appearing for the Case

Donald W. Booker, Wilmington, for appellant.

James R. Morford and George L. Sands, of the firm of Morford & Bennethum, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

BRAMHALL, Justice.

The pertinent facts are as follows: Defendants are the owners of a triangular tract of land in Christiana Hundred, New Castle County, Delaware, bounded by three highways: on the east by Centre Road, or Route 141; on the south by Centerville Road; and on the north by the Robert Kirkwood Highway, also known as the Capitol Trail or U. S. Route 2. The State Highway Department (hereafter "Department"), has begun...

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