In this condemnation claim the appropriation maps filed by the State indicated that the road which was being improved was on a three-rod right of way, and the entire proof and assumptions of court and counsel on the claimant's part of the case were based on this premise. But on the State's proof it was shown that the original highway was laid out on a four-rod right of way in 1802 and that no change since in the public title to the right of way had been demonstrated. If the...
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