State v. Delay

This is an appeal on questions of law and fact from a judgment of. the Common Pleas Court of Franklin County apportioning between the lessor and lessee the jury award returned in an action to appropriate land for highway purposes.

The property was owned by the DeLays, hereinafter referred to as the lessor, who on June 19, 1950, leased the property to Manes, hereinafter referred to as the lessee, for a period of ten years. At the time of the appropriation the lessee was in possession under the lease, which then had twenty-six months more to run.

The total compensation awarded by the jury was…