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HUMES v. CHARLES H. WEST FARMS, INC.

C.A. No. 05C-08-042 WLW.

950 A.2d 661 (2007)

Carolyn Masten HUMES, Daniel E. Masten, and Arthur Robert Masten, Plaintiffs, v. CHARLES H. WEST FARMS, INC., a Delaware corporation, Defendant/Third Party Plaintiff, v. Estate Of Raymond W. Masten and Carolyn M. Humes as Executrix and all Beneficiaries thereof, and the Estate of Mildred M. Bach and all Executors/Administrators/Beneficiaries thereof, Third Party Defendants, and William M. Chasanov, Esquire; Roy S. Shiels, Esquire; A. Richard Barros, Esquire; and Brown Shiels & O'Brien, LLC, as successor in interest to the law firm of Brown Shiels & Barros, Third Party Defendants/Fourth Party Plaintiffs, v. Estate of Raymond W. Masten, and Carolyn M. Humes as Executrix and all Beneficiaries thereof, and the Estate of Mildred M. Bach and all Executors/Administrators/Beneficiaries thereof, Fourth Party Defendants.

Superior Court of Delaware, Kent County.

Decided: September 28, 2007.

Attorney(s) appearing for the Case

Robert A. Penza, Esquire and Peter M. Sweeney, Esquire of Gordon Fournaris & Mammarella, P.A., Wilmington, DE, for the Plaintiffs/Fourth-Party Defendants.

R. Brandon Jones, Esquire and Sean M. Lynn, Esquire of Hudson Jones Jaywork & Fisher, Dover, DE, co-counsel for the Defendant/Third-Party Plaintiff Charles H. West Farms, Inc.

Collins J. Seitz, Jr., Esquire, Gregory J. Weinig, Esquire and Scott E. Swenson, Esquire of Connolly Bove Lodge & Hutz, LLP, Wilmington, DE, co-counsel for the Defendant/Third-Party Plaintiff Charles H. West Farms, Inc.

Jeffrey M. Weiner, Esquire of Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE, for Third-Party Defendants/Fourth-Party Plaintiffs William M. Chasanov, Esquire, Roy S. Shiels, Esquire, A. Richard Barros, Esquire, and Brown Shiels & O'Brien, LLC as successor in interest to the law firm of Brown Shiels & Barros.

OPINION

WITHAM, R.J.

Plaintiffs Carolyn Masten Humes, Daniel R. Masten and A. Robert Masten, filed an ejectment action in this Court arguing that they are entitled to legal title (and immediate possession) of 15/36ths Interest in the Masten Farm ("Masten Farm" or "the property"), which is at issue in this case. Defendant Charles H. West Farms, Inc. ("West Farms") is currently in possession of the Masten Farm, and the Defendant argues that it holds good legal...

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