Wilkes v. State Ex Rel. State Highway Department

CHRISTIE, Judge.

This action has been brought in Chancery Court by the State of Delaware upon the relation of the State Highway Department in an attempt to establish its right to and title in some eight acres of land lying on a narrow strip of sandy shore between the Atlantic Ocean and Assawoman Bay. The land is south of Bethany Beach and north of Fenwick Island in Baltimore Hundred, Sussex County. Gilbert and Rose Emilienne Wilkes, defendants below, filed a motion to dismiss in Chancery Court, challenging (1) the jurisdiction of the equity Court to try title to real estate and (2) the…