City of Wheeling v. Zane

Haymond, Judge :

In this proceeding in eminent domain, instituted in the Circuit Court of Ohio .County, the applicant and petitioner, The City of Wheeling, a municipal corporation, acquired a certain lot or parcel of land in that city, which was formerly owned by Noah Zane. Under a deed dated January 13, 1821, made by Noah Zane to The City of Wheeling, the city used and occupied the land as a “market house” until March 24, 1964. In the deed the grantor Zane expressly retained the power to re-enter upon and possess and' enjoy the land conveyed when the city ceased to use it as a “market house.”…