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SINGEWALD v. GIRDEN

139 A.2d 838 (1958)

Joseph T. SINGEWALD, Jr., Carl Singewald, H. Elmer Singewald, Quentin D. Singewald and Joseph T. Singewald, Jr., Carl Singewald, H. Elmer Singewald, Quentin D. Singewald, Trustees under the Will of Joseph T. Singewald and Carl Singewald, executor under the will of Joseph T. Singewald, and The State of Delaware, Plaintiffs, v. Rhoda B. GIRDEN, Defendant.

Court of Chancery of Delaware, Sussex.

March 7, 1958.

Attorney(s) appearing for the Case

W. Howard Thompson, Georgetown, for plaintiffs, other than the State.

Daniel J. Layton, Sr., Georgetown, Sp. Deputy Atty. Gen., for the State of Delaware.

Houston Wilson, Georgetown, for defendant.

SEITZ, Chancellor.

By this action plaintiffs, The State of Delaware and the owners of an abutting property, seek a mandatory injunction directing the defendant to remove a cottage which is located in the bed of a public street in a seashore development known as "Dewey Beach". In a prior opinion, Singewald v. Girden, Del.Ch., 127 A.2d 607, 616, this court determined that the street in question, McKinley Avenue, was duly dedicated and...

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