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CITY OF WHEELING v. ZANE

No. 12804.

173 S.E.2d 158 (1970)

The CITY OF WHEELING, a Municipal Corporation, Appellee, v. Paul E. ZANE et al., etc., Defendants Below, and Cordelia Hays et al., Appellants.

Supreme Court of Appeals of West Virginia.

Decided March 31, 1970.

Attorney(s) appearing for the Case

Jay T. McCamic, Frank A. O'Brien, Jr., Wheeling, Abraham Pinsky, Weirton, for appellants.

Gompers & Buch, Joseph A. Gompers, Harry L. Buch, James F. Companion, for one of defendants below, for appellee.

Francis J. Love, Wheeling, for defendants below.

HAYMOND, Judge.

In this proceeding in eminent domain, instituted in the Circuit Court of Ohio County, the applicant and petitioner, The City of Wheeling, a municipal corporation, acquired a certain lot or parcel of land in that city, which was formerly owned by Noah Zane. Under a deed dated January 13, 1821, made by Noah Zane to The City of Wheeling, the city used and occupied the land as a "market house" until March 24, 1964. In the deed the grantor Zane expressly...

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