SWANN v. CAREY


272 A.2d 711 (1970)

James E. SWANN, Jr. and Gladys Swann, his wife, Defendants Below, Appellants, v. James E. CAREY and Dr. Asher B. Carey, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

December 21, 1970.


Attorney(s) appearing for the Case

G. Francis Autman, Jr., of Dover and Abraham Dobkin, Washington, D.C. for appellants.

Robert W. Tunnell and Karl Haller, of Tunnell & Raysor, Georgetown, for appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


WOLCOTT, Chief Justice.

This is a motion to dismiss an appeal from the grant of an injunction in favor of the appellees by the Vice Chancellor. The dispute involves a right-of-way claimed by appellees. Following the judgment dated February 19, 1968, appellants obtained a new attorney, and nine months later filed a motion to vacate the judgment. This motion was denied on March 19, 1968 and fourteen months later appellants moved for a new trial on the ground of newly...

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