Roselli's Appeal

Barthold, J.,

This case comes before the court upon a motion to strike off an appeal from a viewers’ award.

On May 22, 1944, Samuel Roselli, husband of Lena Roselli, petitioned the court of quarter sessions for the appointment of viewers to assess damages for property taken by the Commonwealth in the construction, relocation, and alteration of State Highway Route 166 leading from East Bangor to Mt. Bethel, Northampton County, Pa.

*52The viewers found that at the time of the taking on September 11, 1941, Samuel Roselli and Lena Roselli, his wife, were the owners of the land subject to a mortgage of…