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POTTER v. GUSTAFSON

192 A.2d 453 (1963)

David A. POTTER and Helene C. Potter, his wife, Plaintiffs, v. John GUSTAFSON and Ella E. Gustafson, his wife, Defendants.

Court of Chancery of Delaware, Sussex.

June 20, 1963.

Attorney(s) appearing for the Case

James C. Sabo (of Tunnell & Raysor), Georgetown, for plaintiffs.

Jackson R. Dunlap, Jr., Georgetown, for defendants.

MARVEL, Vice Chancellor.

Plaintiffs' amended complaint alleges that on December 20, 1954 they became the owners of two tracts of marshland lying along the Broadkiln River in Sussex County. The tract in issue runs from the south bank of the river to lands owned by defendants. Within its boundaries it contains fourteen acres of marshland more or less and except for its southern boundary is virtually surrounded either by water or wetlands. Plaintiffs allege that at the...

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