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16.50, 10.04629, 3.34, 1.84, ETC., ACRES OF LAND v. STATE

208 A.2d 55 (1965)

16.50, 10.04629, 3.34, 1.84, 5.97741, 3.94 and 7.49319 ACRES OF LAND, MORE OR LESS, IN CHRISTIANA HUNDRED, NEW CASTLE COUNTY and State of Delaware, Conrad Marsh Company, a corporation of the State of Delaware, and Unknown Owners, Defendant Below, Appellant, v. The STATE of Delaware upon the relation of J. Gordon SMITH et al., Constituting the State Highway Department of the State of Delaware, Plaintiff Below, Appellee. 30.85 ACRES OF LAND, MORE OR LESS, IN CHRISTIANA HUNDRED, NEW CASTLE COUNTY and State of Delaware, Newport Land and Improvement Company, a Delaware corporation, and Unknown Owners, Defendant Below, Appellant, v. The STATE of Delaware upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellee. 11.20 ACRES OF LAND, MORE OR LESS, 5.86 acres of land, more or less, 15.00 acres of land, more or less, IN CHRISTIANA HUNDRED, NEW CASTLE COUNTY and State of Delaware, Walter E. Erhart, his wife, and Unknown Owners, Defendants Below, Appellants, v. The STATE of Delaware, upon the relation of the STATE HIGHWAY DEPARTMENT, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 26, 1965.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, for appellants.

William D. Bailey, Jr., of Bayard, Brill, Russell & Handelman, Wilmington, for appellee.

WOLCOTT, Chief Justice; CAREY, Justice, and SEITZ, Chancellor, sitting.

WOLCOTT, Chief Justice.

These are three appeals, consolidated for argument, from orders entered by the Superior Court in three condemnation actions brought by the State Highway Department. The answers filed by the defendants, Conrad's Company, Newport Land and Investment Company, and Walter and Pearl E. Erhart, set up affirmative defenses and counterclaims seeking in effect to assert claims in trespass against the State for...

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