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COMMONWEALTH DEPT. OF HIGHWAYS v. GISBORNE

391 S.W.2d 714 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. T. C. GISBORNE et al., Appellees.

Court of Appeals of Kentucky.

June 11, 1965.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Madisonville, for appellant.

Paul Lewis, Hatcher & Lewis, David D. Jarrett, Elizabethtown, J. Luke Quertermous, Princeton, for appellees.

STEWART, Judge.

The Commonwealth of Kentucky, Department of Highways, purchased from T. C. Gisborne and Dorothea Gisborne, his wife, a small amount of their farm in Hardin County for widening to four lanes U. S. Highway 31-W. Paul Young, the Department's resident engineer, staked off the property supposedly obtained by the Department under a deed.

It developed that Young was mistaken about the amount of land embraced in the conveyance from the Gisbornes to...

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