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0.24148, 0.23831 AND 0.12277 ACRES OF LAND, ETC. v. STATE

145 A.2d 388 (1958)

0.24148, 0.23831 AND 0.12277 ACRES OF LAND IN CHRISTIANA HUNDRED, NEW CASTLE COUNTY and State of Delaware, Harvey C. Fenimore and Annie F. Fenimore, his wife, Defendants Below, Appellants, v. The STATE of Delaware ex rel. J. Gordon SMITH et al., Plaintiff Below, Appellee.

Supreme Court of Delaware.

September 30, 1958.

Attorney(s) appearing for the Case

James R. Morford, Wilmington, for appellants.

Donald W. Booker, Wilmington, for appellee.

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

WOLCOTT, Justice.

This is an appeal from a judgment of the Superior Court granting immediate possession of land sought to be condemned to the State Highway Department, and ordering a hearing to fix just compensation. The landowners appeal.

The action was commenced by the filing of a complaint as required by 10 Del.C. § 6102. By 10 Del.C. § 6107 the owner of the property is required by way of answer to raise...

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