Mary M. Lo Frese v. Harry Hayes and Charlotte Hayes

JONES, Circuit Judge.

In 1939 Pasco County, Florida, acquired by condemnation an easement for a right of way for a highway, later to be known as State Highway 45 and as U. S. Highway 41. The easement acquired was over lands in Pasco County and included a strip of land through the Northwest Quarter of the Southwest Quarter of Section 1, Township 24 South, Range 18 East. This tract, subject to the highway easement, was acquired in 1946 by the appellees, Harry Hayes and Charlotte Hayes, husband and wife. They sold off several portions of the original tract. On the unsold area of about ten acres…